Does the name of the company being sued by a debt collector have to be accurate on court paperwork and match all contracts included in lawsuit?

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Does the name of the company being sued by a debt collector have to be accurate on court paperwork and match all contracts included in lawsuit?

Asked on December 31, 2011 under Bankruptcy Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the best of all circumstances the correct name of the "defendant" in a lawsuit should be exactly the way the name is used in business. However, just because the name of the defendant may be mispelled in the lawsuit filed against it does not in and of itself invalidate the service of the summons and complaint as well as the actual filing.

In law there is the "cy pres" doctirine which means "nearly as." Under the "cy pres" doctrine, if the name of the defendant in a lawsuit is pretty close to the defendant's actual name, the filing under the mispelled name is valid from a legal perspective.


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