Do I accept the summons if it has an incorrect name that I do not use anymore?
Full Question:
Answer:
Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. A misnomer, where a plaintiff sues and serves the correct party but calls that party by the wrong name, is generally not a ground for dismissal, and the name of the party may be corrected. The court will typically not dismiss the complaint if the plaintiff used reasonable diligence in obtaining service. A person may be deemed to have actual notice of the lawsuit, despite the fact that the process and complaint are in other than the party's correct name.
If a party avoids service, the court may allow service to be made by alternative means that don't require personal delivery, called substituted service. A failure to respond after substituted service is made may result in a default judgment being entered against that party.
If you believe that you are not the proper person sought to be made a party to an action, and that there has been a mistake in identity, rather than a misnomer, it is possible to file a motion to dismiss the complaint and/or quash service of the summons.