Is a Summons from the court valid if last name is spelled wrong???

4 views 1 answers
A court summons was sent to tenants that are behind on rent.I noticed that the last name is spelled incorrectly,can that persons whose name is mispelled say they didnt know they had a court date because of this and force me to redo whole thing?

Attorney Answer

1
Lindsay JamesLitigation LawyerBingham Farms, MI ·
Under MCR 2.102(C): "At any time on terms that are just, a court may allow process . . . to be amended, unless it clearly appears that to do so would materially prejudice the substantive rights of the party against whom the process issued. An amendment relates back to the date of the original issuance . . . unless the court determines that relation back would unfairly prejudice the party against whom the process issued." You may have to ask the court to re-issue the summons in the correct name and then serve the summons again (whether you'd have to personally serve the summons again under MCR 4.201(D)(1) is not entirely clear. Though you could ask that the court order authorizing a new summons provides that service is proper by mailing or taping the new summons on the door). Since this was just a mistake, you should not have to re-file the whole case, but to be safe you may want to get a new summons. If you don't, you run the risk that the defendant does not appear and challenges the eviction/failure to pay rent.
0 upvotes