Legal Question in Civil Litigation in Pennsylvania
Wrong info on court papers
My 15 yr old son was served papers today by a sheriff to appear in court next week on a pfa order. The name of the defendant is listed wrong, and the address is listed wrong as well. We did talk to the sheriff though, but didnt notice until after he left that the paperwork had my sons name and address listed wrong. Is this still a legal order to appear?
2 Answers from Attorneys
Re: Wrong info on court papers
Because it was served to the right person showing up is the thing to do.
However, when you get there and the case is called you have a claim of improper service.
Depending on the court the complaint could be dismissed because of defects in the complaint. That said the court might over look the errors.
Given the seriousness of the complaint you'd be advised to seek counsel. Even if the court dismisses the complaint due to errors there is nothing to stop the complaining party to refile the complaint with the right information.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: Wrong info on court papers
Since the Sheriff had personal service the address doesn't really matter. Yes it is a legal order to appear. If the name is misspelled that is the type of technical defect that is overlooked.