Full question:
I am being served court documents, but they do not have my legal name on them, the name they are using is from my first marriage and I have not used that name in 4 years. Do I accept the documents?
- Category: Civil Actions
- Subcategory: Summons
- Date:
- State: Maryland
Answer:
Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. A misnomer, where a plaintiff sues and serves the correct party but calls that party by the wrong name, is generally not a ground for dismissal, and the name of the party may be corrected. The court will typically not dismiss the complaint if the plaintiff used reasonable diligence in obtaining service. A person may be deemed to have actual notice of the lawsuit, despite the fact that the process and complaint are in other than the party's correct name.
If a party avoids service, the court may allow service to be made by alternative means that don't require personal delivery, called substituted service. A failure to respond after substituted service is made may result in a default judgment being entered against that party.
If you believe that you are not the proper person sought to be made a party to an action, and that there has been a mistake in identity, rather than a misnomer, it is possible to file a motion to dismiss the complaint and/or quash service of the summons.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
