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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my son has had a county court summons sent to him but with

Resolved Question:

my son has had a county court summons sent to him but with an incorrect service address on it. We live in a smallish town so the person who received it passed it on to him.

1) does this invalidate the summons ?
2) if so and he doesn't respond (as he has not received it) judgement will be made against him because he does not attend the hearing.
3) if judgement is made against him can he then tell the court that he didn't receive a summons (due to the incorrect address)
4) if the summons is then issued again correctly will he at that point be able to counter claim

Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What date is the summons issue please?
Customer:

This month 5th or 6th of March

Alex Watts : Ok. The judgment is it invalid.
Alex Watts : This is because he has received it.
Alex Watts : He can not file a defence if he wishes and a counter claim against the claimant.
Alex Watts : He should also provide his correct address in covering letter.
Alex Watts : If he does not respond then judgment can be entered and enforced, even if the address is wrong.
Alex Watts : He can't say then he does not know about it because he does.
Alex Watts : He can't tell the court he did not get it, because he has been handed it.
Alex Watts : He should file a defence and counter claim now.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Many thanks

Customer:

One last thing. Can I represent my son both in court and in the writing of the defence ?

Alex Watts :

If it is a small claim yes. But HE needs to sign the defence and be at Court for any hearing.

Alex Watts :

Does that help?

Customer:

Thanks

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer:

good

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