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:
If you are served court documents with a name that is not your legal name, it’s important to understand your options. Generally, a misnomer—where the correct party is served but with the wrong name—does not invalidate the service. Courts may allow corrections to the name used in the documents.
Even if the documents use an old name, you may still be considered to have received actual notice of the lawsuit. If you believe there is a mistake in identity rather than just a misnomer, you can file a motion to dismiss the complaint or quash the service of the summons.
Keep in mind that ignoring the documents could lead to a default judgment against you. If you have concerns about the service, it may be wise to consult with a legal professional for guidance specific to your situation.
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.