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maching919 · Nov 2, 2013, 02:39 AM

Names of both parties in the Summons served is incorrect. One has a missing Middle initial while the other has a different last name

AK lawyer · Nov 2, 2013, 01:54 PM

The situation described in the body of your post doesn't appear to have much to do with the title.

What is it to which you desire to stipulate?

And regarding what you typed in the body: what's your question? The fact that a middle initial was left off on the return of service, or that the last name is incorrect might or might not matter. Who's raising the issue?

In short, you appear to be over your head here. Get an attorney.

maching919 · Nov 2, 2013, 02:12 PM

Im sorry I was not clear. I recently received a rejection letter from the court because the Peritioner's name on the summons served to the responded did not have a middle initial when all other documents have a middle initial. I also noticed that the Respondent's name had a different last name... was obviously done in error. In doing my own research, I can create an amendment completing FL-100 but it may mean that we are starting all over again since the Reapondent will have to be served again. Or iz it possible that a stipulation just be created to correct this so we do t have to start all over again

AK lawyer · Nov 2, 2013, 05:26 PM

Originally Posted by maching919

Im sorry I was not clear. I recently received a rejection letter from the court because the Peritioner's name on the summons served to the responded did not have a middle initial when all other documents have a middle initial. I also noticed that the Respondent's name had a different last name... was obviously done in error. In doing my own research, I can create an amendment completing FL-100 but it may mean that we are starting all over again since the Reapondent will have to be served again. Or iz it possible that a stipulation just be created to correct this so we do t have to start all over again

You would be the petitioner?

The respondent's name shown on the return of service is different than that shown on the petition? Who did this error, the process server or you?

What is FL-100? Different courts have different form numbers. Without indicating what state you are in, we can only guess at what it might be.

Sure, if the respondent wll stipulate to waive any defects in the process, that will work. It would be a form, with the caption as it appears in the other documents in the case, entitled "Stipulation to ____". Recite what you and the other person are agreeing to, and both of you should sign it. Other things you might add would include:

The correct names of both parties;
language to the effect that both of you stipulate and agree (two words meaning the same thing; lawyers are big on that for some reason) that the case name be amended to correct these names;
language that the respondent waives any defect in the service of process and submits to the jurisdiction of the court;
correct contact information for both of you: mailing address, phone number, email, etc.;
you might want to have both signatures notarized, in case some court bureaucrat wonders if the document has been forged;
etc.