What’s in a name anyway?

legal_updates

Client was left with a completely unenforceable judgment that was many months old.

Author: Jason Williams
Published:
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This article is 5 months old.

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In the eye of the storm.

Sometimes in the Lawgistics’ HQ, one gets a new case that raises an eyebrow – or even two.

This certainly was true when, last month, I was handed a file that simply beggared belief.

Outlandish, in fact. 

Reading through, I saw a court claim that had been issued – minus the Defendant’s surname!

Many eyes might have passed over that Claim Form – all seemingly oblivious to the “defect”.

Claimant had simply ignored the court documents – after all, you cannot just sue “John” or “Dave”.

And so, our client was left with a completely unenforceable judgment that was many months old.

To apply to amend seemed an improbable solution, so our client had to restart from the beginning.

Claim was reissued with the full name and as I write this, I am told that he has not responded.

He will now get a Judgment in Default which, if nothing else, will be enforceable if he doesn’t pay.

Even though the error was avoidable, we are all human and make mistakes – myself included.

Reading through it again, I’ve just noticed that I forgot to put the Claimant’s first name! (I joke….!)

Haswent

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Jason Williams

Legal Advisor

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