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Wrong name on summons

  • 20-11-2015 8:31am
    #1
    Acara
    Registered Users, Registered Users 2 Posts: 136 ✭✭


    What should I do if a summons has been delivered by hand with wrong name. My daughter took letter as I was not at home.


Comments

  • #2
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    This prompts a question.

    In law, what constitutes valid service of a summons for summary matters ?


  • #3
    mattaiuseire
    Banned (with Prison Access) Posts: 295 ✭✭mattaiuseire


    The name is incorrect as in it's a totally different person or do you mean there was a typo?


  • #4
    Acara
    Registered Users, Registered Users 2 Posts: 136 ✭✭Acara


    mattaiuseire wrote: »
    The name is incorrect as in it's a totally different person or do you mean there was a typo?

    Typo in surname


  • #5
    mattaiuseire
    Banned (with Prison Access) Posts: 295 ✭✭mattaiuseire


    A minor error won't constitute the summons being stricken off unless you can show prejudice against you having a fair hearing. The court will be able to prove that you are representing the person named on the summons.

    A summons being received by an immediate family member will usually be deemed okay.

    I'm assuming you're talking about a civil court. They will just amend it on the day. However if you stand up and tell the judge the name is incorrect, he may decide to ask why you have only left it until this point to raise your query...


  • #6
    Acara
    Registered Users, Registered Users 2 Posts: 136 ✭✭Acara


    mattaiuseire wrote: »
    A minor error won't constitute the summons being stricken off unless you can show prejudice against you having a fair hearing. The court will be able to prove that you are representing the person named on the summons.

    A summons being received by an immediate family member will usually be deemed okay.

    I'm assuming you're talking about a civil court. They will just amend it on the day. However if you stand up and tell the judge the name is incorrect, he may decide to ask why you have only left it until this point to raise your query...

    Letter from solicitor firm acting for bank. Should I call solicitor to amend the mistake?


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  • #7
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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