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I'm being sued and the plaintiff has sent me a waiver of service with my business name appearing incorrectly.

Atlanta, GA |

I am a sole prop and the business name is misspelled. Do I have to send in the waiver with the misspelling? Also it has been over 30 days because I didn't get the waiver because of the misspelling until 2 weeks ago.

Attorney Answers 4

Posted

To properly protect your interests, you should consult an attorney. The plaintiff may have issues with service that could be favorable to you, but you need to protect yourself from default. An experienced attorney will know what to do...keep in mind your situation could be very time sensitive.

*Attorney Thomas Andrew Miller (678-807-9519) provided this Reply which is intended to be helpful to the Asker and the Avvo Community, but it does not constitute legal advice and does not create any attorney-client relationship. You are urged to seek the advice of an attorney or, in some cases, a tax professional, before taking any action. **Was this Answer helpful? Please click to give the Answer a Helpful Vote or make it the Best Answer!

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Posted

The time begins to run once you have actually been served. However, you also have other issues such as an answer to file. I strongly suggest you consult an attorney as soon as possible.

I am not providing you with legal advice, but am simply providing general information. We do not have an attorney / client relationship simply by virtue of my responding to this question. An attorney / client relationship will only arise when you and I enter into a written engagement agreement.

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Asker

Posted

So the time runs still even if my name is misspelled? It's not my fault that they didn't ay attention. Thanks for your answer.

Posted

consult an attorney as soon as possible

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Posted

I agree with the others here that more facts are needed and that you should discuss this with an attorney. Our attorneys have worked for employers defending civil litigation for years. We also offer free consultations. 678.825.5430

This Reply is intended to be helpful to the Asker and the Avvo Community, but it does not constitute legal advice and does not create any attorney-client relationship.

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