Lahta Posted March 21, 2011 Report Share Posted March 21, 2011 Has anyone been successful in getting a motion dismissed because the name on the summons was terribly wrong? For example: if you name were John Jones Smith and the summons stated John Smith Janes, would that be a basis for an affirmative defense? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 21, 2011 Report Share Posted March 21, 2011 You wouldn't get the case dismissed, the plaintiff could just move to amend the caption. Sometimes you will see the caption changed to "John Jones Smith sued herein as John Smith Janes" Link to comment Share on other sites More sharing options...
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