Do I have to accept nd sign papers I am being served but my last name is spelled incorrectly?

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Do I have to accept nd sign papers I am being served but my last name is spelled incorrectly?

I don’t live in the state where the incident occurred anymore, so they showed up at my parents’ house attempting to serve. I looked up the case online and my name is spelled incorrectly. Do I have to sign and accept the papers? They are suing me for a “hit and run” that I was cleared from by the police the day the accident happened. I wasn’t identified in a photo lineup but they are filing right now because the statute of limitations is almost up and I was the only person ever on the suspect list.

Asked on May 16, 2012 under Accident Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are being sued with respect to an alleged hit and run accident involving yourself, you are not obligated to sign papers under the laws of most states when you are served with the summons and complaint.

However, since you know about this lawsuit, I suggest that you "tender" your defense as to it to your insurance carrier where your attorneys fees could most likely be paid by your auto insurance carrier assuming you had one in place at the time of the accident.

As to the incorrect spelling of your last name, as long as it is close to what it actually is, then the summons and complaint is validly filed.


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