Clerical errors can be frustrating and time-consuming to correct, but they are a common occurrence in various legal documents, including court orders, judgments, and contracts.
These mistakes, while minor, can have significant consequences if left uncorrected.
Sample Petitions for Correction of Clerical Error
To rectify such errors, individuals must file a petition for correction with the appropriate court or agency.
In this article, we will provide fifteen sample petitions that can serve as a guide for those seeking to correct clerical errors in their legal documents.
Sample Petition One
Subject: Petition for Correction of Clerical Error in Divorce Decree
Dear Honorable Judge,
I, John Smith, hereby petition the court to correct a clerical error in my divorce decree dated January 15, 2023. The decree incorrectly states that I am to pay an alimony of $1,500 per month when the agreed-upon amount was $1,050 per month. I respectfully request that the court amend the decree to reflect the correct alimony amount.
Sincerely,
John Smith
Sample Petition Two
Subject: Petition for Correction of Clerical Error in Judgment
Dear Honorable Judge,
I, Sarah Johnson, hereby petition the court to correct a clerical error in the judgment entered against me on March 3, 2023. The judgment incorrectly lists the damages awarded to the plaintiff as $25,000, when the actual amount determined by the court was $20,500. I respectfully request that the court amend the judgment to reflect the correct damages amount.
Sincerely,
Sarah Johnson
Sample Petition Three
Subject: Petition for Correction of Clerical Error in Probate Order
Dear Honorable Judge,
I, Michael Davis, hereby petition the court to correct a clerical error in the probate order dated November 10, 2022. The order incorrectly states that I am to receive a 25% share of the estate, when the correct percentage, as outlined in the will, is 35%. I respectfully request that the court amend the probate order to reflect the correct distribution of the estate.
Sincerely,
Michael Davis
Sample Petition Four
Subject: Petition for Correction of Clerical Error in Child Support Order
Dear Honorable Judge,
I, Emily Wilson, hereby petition the court to correct a clerical error in my child support order dated August 22, 2023. The order incorrectly states that the monthly child support payment is $750, when the agreed-upon amount, based on the state’s guidelines, is $675. I respectfully request that the court amend the child support order to reflect the correct payment amount.
Sincerely,
Emily Wilson
Sample Petition Five
Subject: Petition for Correction of Clerical Error in Restraining Order
Dear Honorable Judge,
I, David Thompson, hereby petition the court to correct a clerical error in the restraining order issued against me on June 5, 2023. The order incorrectly lists the expiration date as December 5, 2024, when the court had specified an expiration date of December 5, 2023. I respectfully request that the court amend the restraining order to reflect the correct expiration date.
Sincerely,
David Thompson
Sample Petition Six
Subject: Petition for Correction of Clerical Error in Plea Agreement
Dear Honorable Judge,
I, Robert Anderson, hereby petition the court to correct a clerical error in my plea agreement dated April 18, 2023. The agreement incorrectly states that I pleaded guilty to a Class C felony when I pleaded guilty to a Class D felony. I respectfully request that the court amend the plea agreement to reflect the correct classification of the offense.
Sincerely,
Robert Anderson
Sample Petition Seven
Subject: Petition for Correction of Clerical Error in Sentencing Order
Dear Honorable Judge,
I, Melissa Brown, hereby petition the court to correct a clerical error in my sentencing order dated September 30, 2023. The order incorrectly states that I am to serve a term of 5 years probation when the court had sentenced me to 3 years probation. I respectfully request that the court amend the sentencing order to reflect the correct probation term.
Sincerely,
Melissa Brown
Sample Petition Eight
Subject: Petition for Correction of Clerical Error in Eviction Notice
Dear Honorable Judge,
I, William Davis, hereby petition the court to correct a clerical error in the eviction notice served upon me on February 10, 2023. The notice incorrectly lists the address of the property as 123 Main Street, Apt. 4B, when the correct address is 123 Main Street, Apt. 4D. I respectfully request that the court amend the eviction notice to reflect the correct property address.
Sincerely,
William Davis
Sample Petition Nine
Subject: Petition for Correction of Clerical Error in Foreclosure Judgment
Dear Honorable Judge,
I, Jennifer Wilson, hereby petition the court to correct a clerical error in the foreclosure judgment entered against me on July 28, 2023. The judgment incorrectly states that the outstanding mortgage balance is $350,000, when the actual balance, as reflected in the lender’s records, is $325,000. I respectfully request that the court amend the foreclosure judgment to reflect the correct outstanding mortgage balance.
Sincerely,
Jennifer Wilson
Sample Petition Ten
Subject: Petition for Correction of Clerical Error in Lease Agreement
Dear Honorable Judge,
I, Christopher Johnson, hereby petition the court to correct a clerical error in my lease agreement dated November 1, 2022. The agreement incorrectly states that the monthly rent is $1,200, when the agreed-upon amount, as reflected in my rental application, is $1,100. I respectfully request that the court amend the lease agreement to reflect the correct monthly rent amount.
Sincerely,
Christopher Johnson
Sample Petition Eleven
Subject: Petition for Correction of Clerical Error in Power of Attorney
Dear Honorable Judge,
I, Amanda Smith, hereby petition the court to correct a clerical error in my power of attorney dated March 15, 2023. The document incorrectly lists my agent’s name as John Smith, when the correct name is James Smith. I respectfully request that the court amend the power of attorney to reflect the correct name of my agent.
Sincerely,
Amanda Smith
Sample Petition Twelve
Subject: Petition for Correction of Clerical Error in Guardianship Order
Dear Honorable Judge,
I, Steven Davis, hereby petition the court to correct a clerical error in the guardianship order dated June 22, 2023. The order incorrectly states that I am appointed as the guardian of the person only, when the court had granted me guardianship of both the person and the estate. I respectfully request that the court amend the guardianship order to reflect the correct scope of my appointment.
Sincerely,
Steven Davis
Sample Petition Thirteen
Subject: Petition for Correction of Clerical Error in Trust Agreement
Dear Honorable Judge,
I, Karen Wilson, hereby petition the court to correct a clerical error in my trust agreement dated December 5, 2022. The agreement incorrectly states that the beneficiary of the trust is my son, Michael Wilson when the intended beneficiary is my daughter, Michelle Wilson. I respectfully request that the court amend the trust agreement to reflect the correct beneficiary.
Sincerely,
Karen Wilson
Sample Petition Fourteen
Subject: Petition for Correction of Clerical Error in Quit Claim Deed
Dear Honorable Judge,
I, Richard Johnson, hereby petition the court to correct a clerical error in the quit claim deed dated September 18, 2023. The deed incorrectly lists the property’s legal description as Lot 25, Block 10, when the correct description is Lot 52, Block 10. I respectfully request that the court amend the quit claim deed to reflect the correct legal description of the property.
Sincerely,
Richard Johnson
Sample Petition Fifteen
Subject: Petition for Correction of Clerical Error in Bankruptcy Order
Dear Honorable Judge,
I, Laura Smith, hereby petition the court to correct a clerical error in the bankruptcy order dated April 30, 2023. The order incorrectly states that my unsecured debts total $75,000, when the actual total, as reflected in my bankruptcy schedules, is $57,000. I respectfully request that the court amend the bankruptcy order to reflect the correct total of my unsecured debts.
Sincerely,
Laura Smith
Conclusion
By using these sample petitions as a guide, individuals can effectively communicate their need for the correction of clerical errors in various legal documents.
Remember to always proofread your petition carefully and ensure that all the necessary information is included before submitting it to the appropriate court or agency.
When filing a petition for correction of a clerical error, it is essential to keep in mind the following tips to ensure a smooth and successful process:
- Act promptly: As soon as you discover a clerical error in a legal document, take immediate action to have it corrected. Delaying the process may lead to further complications or difficulties in rectifying the mistake.
- Gather supporting evidence: To strengthen your petition, collect any relevant documentation that supports your claim of a clerical error. This may include original agreements, court transcripts, or other official records that demonstrate the discrepancy between the intended information and what appears in the document.
- Be specific and concise: In your petition, clearly identify the document containing the error, the exact nature of the mistake, and the correction you are seeking. Use clear and concise language to convey your request, as this will help the court or agency understand your position and take appropriate action.
- Follow proper formatting and procedures: Each court or agency may have specific requirements for the format and filing of petitions. Ensure that you follow these guidelines closely, as failure to do so may result in your petition being delayed or rejected.
- Consult with a legal professional: If you are unsure about the process or have complex issues related to your petition, consider seeking the advice of an attorney who specializes in the relevant area of law. They can provide valuable guidance and ensure that your petition is properly prepared and filed.
- Be patient and persistent: The process of correcting a clerical error may take some time, depending on the court or agency’s workload and procedures. Remain patient and follow up on your petition’s progress regularly to ensure that it is being addressed promptly.
By following these tips and using the sample petitions provided in this article, you can effectively navigate the process of correcting clerical errors in legal documents.
Remember, taking swift action and being thorough in your approach can help minimize the potential consequences of such mistakes and ensure that your legal matters are handled accurately.