If I received a subpoena with my name misspelled, the wrong case name and the incorrect case number referenced, am I bound by the subpoena?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I received a subpoena with my name misspelled, the wrong case name and the incorrect case number referenced, am I bound by the subpoena?
This is involving a civil case in the termination of parental rights. I am the grandmother and caregiver of my 3 grandchildren in question. The state is trying to terminate my son (the father) and the children’s mother’s parental rights.
Asked on August 21, 2012 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are served with a subpoena-- but the spelling issue is minor, then you have to comply and appear on the date instructed and the place instructed-- regardless of the cause number on it. (Some jurisdictions will place a number on the sub that will be later attached to the lawsuit-- but is not actually the law suit number). If the supoena is for someone else, then you don't have to appear and you need to tell the process served (the person who served you) that the person in the document is not you. For example, if the sub is for "Jane Doe" but your name is "Mary Clark", it's fairly obvious that the sub is not issued to you, even if you were the person they wanted to serve. However, if the name of the sub is "Jayne Doe"-- and the mispelling is minor enough for you to know it's you-- then you need to appear in order to avoid being held in contempt by the court or a writ of attachment being issued. If you think you have been improperly served, you can file a motion to quash the subpoena-- but you need to let the court know your intentions. Doing nothing only causes more problems for you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.