Friday, January 20, 2012

Time and Filing and Motion in court concerning a summons?

If you know that you are set to recieve a summons and the time is running out for you to go to court can you file a motion if you have not received the summons? Or do you just have to wait and go to court?Time and Filing and Motion in court concerning a summons?You could not file a motion until you were served because you would not know what the summons was for, too little information to give a complete answer.~Time and Filing and Motion in court concerning a summons?I would check with the court to see if your case/ docket number is set to go on the court date listed; it may very well be the debt collection agency used a process server who forged an affidavit that they actually served you notice of the civil suit, there was an article in the local paper that in NY city this had happen with a process server where they had lied on the affidavit that the people had been served



it seems with all the people having problems paying their credit cards that litigation has increased as such some process servers are lying about serving people



Now since I do not know all the fact in your case this is just an opinion on what might be the problem in your case



its better to nip this now then to have the court date go ahead and you seek to overturn the judgment based upon improper serviceTime and Filing and Motion in court concerning a summons?If you know what court the legal proceeding is in or will be in, check with the clerk's office to see if anything has been filed. Time does not begin to run, usually, until you are served, so I do not know why you think time is running out.

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