I LOST A SMALL CLAIMS RULING FOR FAILURE TO APPEAR BUT THE JUDGEMENT SPELLS MY NAME WRONG WHAT HAPPENS??? THERE OFF BY ONE LETTER THEY USED A N NOT A M ,,AM I STILL RESPONSIBLE???????
2007-07-14
08:34:15
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11 answers
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asked by
Anonymous
in
Politics & Government
➔ Law & Ethics
i lost a small claim court ruling for failure to appear but the spelling is off by one letter? if i fail to abide by ruling how can it effect me cause the spelling is wrong and they dont know that?, so they cant find out my liscense number cause spelling is wrong same with bank account?
2007-07-14
08:45:23 ·
update #1
ok even more they dont know my social security number and the lose suit always had my name misspelled,,,,?????
2007-07-14
08:49:04 ·
update #2
Hrmmm...the consequence would probly be the same if you went through it again so the thing is were the original papers that told you to appear spelled correctly b/c you would still be responsible definetly then..they would just give you another sentence and/or trial depending.
If they were all misspelled then u could probly get away with it if you contested that it wasn't you...but it ,there again, depends. Does it have your liscense number, ss#, or anything like that b/c that leads back to u misspelled ot no.
I would suggest just letting your judgement lie. You would likely pay more for court costs for a whole lot of nothing.
2007-07-14 08:46:32
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answer #1
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answered by Lady Rain 2
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Why not call the clerk of the court, and ask that question? It may be that failure to show up is a default win for the other side. In addition, they probably have some kind of literature which explains your rights and the expected behavior in court. As I understand it, even if you get a judgment against someone in Small Claims Court, further action is required to get them to pay. A lot of claims remain unpaid. But get the correct information from the source.
2016-05-17 21:15:05
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answer #2
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answered by ? 3
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Sorry but they already have that covered. One small clerical error means nothing if they are not mistaken about the person. So they could have just used your alias, a.k.a as..., nickname or any combination of your name. Still you are responsible if they are not mistaken about the person they were aiming the ruling.
You need to prove the ruling was not for you, but obviously that is not the case here.
At most all you will get is having them "re-typing" the ruling, but that is not going to help you on anyway.
2007-07-14 08:52:58
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answer #3
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answered by ? 7
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Courts don't like thing be decided on anything but the merits. If you are timely you can ask for the default judgment to be set aside and decided on the merits. The court will fix the spelling error.
2007-07-14 08:42:31
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answer #4
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answered by Anonymous
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clerical errors are not a technical error to release you from your obligation to the courts. You can write a letter to the judge appologising for the missed court date and request a new trial.
I doubt that you will get this because you lost by default.
2007-07-14 08:44:08
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answer #5
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answered by Jeffrey F 6
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Judgment is still good against you, typo does not get you off the hook, will it make it harder to find you maybe maybe not without knowing all the facts, but beware if they find assets of yours like house, car paid for, bank accounts, and some state your wages they can attach the judgment to them
2007-07-14 09:07:33
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answer #6
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answered by goz1111 7
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Well you could take it to court again and get your name correct, but you would still loose because you did not show up. Looks like you need to pay up.
2007-07-14 08:40:25
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answer #7
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answered by Aliz 6
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Sorry, you can motion for a reconsideration, but you blew it!
And yes you are! Those are common errors in courts and they hold no weight in the outcome!
2007-07-14 08:38:27
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answer #8
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answered by cantcu 7
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you don't have a case!-you knew the judgement was in your name-you also knew you had to appear. sorry.
2007-07-14 09:01:29
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answer #9
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answered by tony c 5
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um
2007-07-14 08:41:08
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answer #10
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answered by Anonymous
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