Can I change the defendant name?

Yes you can ask the Court for the name of the defendant to be changed.

1. Adjust your original Claim Form

  • , cross out the name of the Defendant in red pen and write on the claim form next to it the correct name in red pen and underline in red.
  • At the top of the first page of the claim form write in black, underlined in red, "Amended this xx day of xxxxxx 20xx pursuant to CPR 17.1.(2) (b).
  • Make 3 copies of the amended Claim Form to send with the application (one to be returned to you, one for the court and one for the Defendant).

2. Complete the N244 Application Notice, with appropriate Court fee

  • ask for the Defendant's name to be amended, and
  • re-service of the claim form to be dispensed with at it was validly served at the correct address, and
  • ask for it ex parte (without a hearing)
  1. On the front of the application notice type in the box asking what order you are seeking: "The Claimant respectfully requests that the Defendant's name be amended pursuant to CPR 17.1.(2) (b) an re-service of the Claim Form be dispensed with."
  2. On the second page insert:
    • A claim was issued against the Defendant on XX/XX/XXXX in the XXXXXXX county court under claim number XXXXXXX for the recovery of monies owed.
    • Since that date the Defendant has changed their name and it is therefore incorrect on the Claim Form.
    • Therefore, the Claimant respectfully requests that the Claim Form be amended so that the Defendant's name reads "XXXXXXXXXXXXXXXX" pursuant to CPR 17.1 (2)(b). An amended copy of the Claim Form is included in this application.
    • We respectfully request that the need for re-service of the amended Claim Form be dispensed with as the claim form was validly served on the Defendant's address.

[return to questions and answers]