Posted by JT-IN on August 09, 2007 at 15:58:50:
Not a clerical error but a error in identity… a nunc pro tunc is not appropriate in that case.
They could amend the complaint and provide service to the proper person at the correct address, but the time limits for answering and remedy of the default would, or should all start from scratch… Nearly the same as starting a new case.
In order to defend the erroneous naming of a party, and protect the debtors rights, the debtor may need to get actively involved here to make the error of record, before the matter is finalized… They probably need an Atty asap… nothing to mess around with because if they are aware of this error and do nothing, they could be proven to have “had notice” and a judgment could stand. No sense in taking chances on that one…