Question:

Attorney spelled my name wrong on legal documents ?

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I received "Notice of Trial" documents from plaintiff's attorney. They spelled my name wrong. Is this big deal? Does court go by case number?

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  1. It's a very big deal I believe. It can in fact void the whole case. You name must be spelled correctly on all documents relating to a case otherwise it will automatically void the document.

    Of course this is not the professional advice. If I'm not mistaken this is the case though.


  2. Yes, they do.  Also you know you've been served, so what really is the problem.  I suggest if it is not you, or even if it is that you have them correct it.

  3. Nobody does any research.  <sigh>

    Took me all of 3 minutes to find this:

    "The Supreme Court held in Grannis v. Ordean (1914) 234 US 385 at 395, that "even in names, due process of law does not require ideal accuracy. In the spelling and pronunciation of proper names there are no generally accepted standards, and the well-established doctrine of idem sonans...is recognition of this." In that case, a person with the unusual name of Albert Gilfuss ignored the delivery of a summons and court pleadings against "Albert Gilfuss" (presumably typed in all-caps) and the default judgment against him was binding. A similar ruling on a misspelling on an indictment in Faust v. US (1896) 163 US 452. "

    http://ecclesia.org/truth/names.html

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