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Form of petition court papers incorrect
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TOPIC: Form of petition court papers incorrect

Form of petition court papers incorrect 08 Apr 2011 10:13 #244


  • Posts:1
  • murphy
  • Fresh Boarder
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Hi,
I had a trust deed (2006) and fell behind with payments,
trustee has now issued court papers for bankruptcy (scottish sequestration) due to not keeping payments up.

I have read over papers and under "statement of facts" paper thats been lodged to court
the trustee has put the incorrect year the trust deed was granted.

how will this stand in court?
can they just amend these details ?
or will case be dismissed in court due to wrong info?
if dismissed can the trustee then lodge new papers with correct date?

and i also cant find the original trust deed papers can i request copies from trustee?

any help very much appreciated

Re: Form of petition court papers incorrect 08 Apr 2011 11:13 #245


  • Posts:689
  • Jon
  • Administrator
  • OFFLINE
Hi,

From all your questions it appears you want to challenge the validity of the petition against you, you may be best served to get these addressed either by the court or a solicitor as it is more of a legal matter.

I would venture the mistake would not change the petition and if it did, it could either be amended or re-filed.

Regarding obtaining a copy of the Trust Deed, I would think that yes, the Trustee could provide you a copy of this, it also may be on file with the court in regard to the petition filed.

I hope this helps.

Regards,

Jon
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