If the plaintiff misspells the defendant’s name in a small claims summons. what options does the defendant have?

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If the plaintiff misspells the defendant’s name in a small claims summons. what options does the defendant have?

Would the plaintiff have to refile? This is over false hotel damage which we did not do.

Asked on December 22, 2011 under Bankruptcy Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Mispelling a name would not require refiling. At most, the plaintiff would have to--and would be allowed to--amend his or her complaint to correct the mispelling.

If you did not do the damage, you can fight the claim, by presenting your own evidence and testimony that you did not do this; then the court will decide who--you or the plaintiff--is more credible. Or you can try to settle for something you are willing to pay, so as to avoid litigation and its attendent costs and uncertainties.


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