not properly summoned letter
Date: Thu, 01/31/2008 - 12:17
hi again Sarah... I would basically send something like this:
hi again Sarah...
I would basically send something like this:
Quote:
Case number ______ (Plaintiff) vs (Defendant) Date _____________ Defendant hereby moves for dismissal of this case on the grounds of improper service. Maryland State Law requires that a summons be sent to or served upon defendant once plaintiff files a complaint with the court. No summons was received by defendant by certified mail, and no service of a summons took place at defendant's residence or place of employment. Defendant has resided at the same address for several years now, which is the same address that plaintiff has used for communication throughout the time that the credit agreement in question has been in effect. This constitutes improper service, which violates Maryland's Rules of Civil Procedure, Rule 3-121. Defendant was not afforded the opportunity to file an appropriate answer to the complaint. At the time plaintiff filed this complaint, Defendant had already entered into a repayment agreement about five months prior with plaintiff and was making payments as scheduled. Thus, defendant had no reason to think that this complaint was to be filed. By failing to properly serve summons to defendant, plaintiff ensured that any action taken would be unfairly taken without defendant's knowledge. |
I guess I have this tendency to ramble on here and there...sorry for making that so long. I remember that you said this was in district court, is that right? Rule 3-121 applies to district court only. If it is not in district court, then Rule 2-121 would apply instead. They both say the same thing, but MD has put one for one court and one for the other.
I hope this gives you a good idea....
thanks, i really appreciate all of your help. 2 more questions.
thanks, i really appreciate all of your help. 2 more questions...
1. in the first sentence should i put dismissal with (or without, i forget which is right) predjudice (spelling?) so that they can't turn around and try to take him back to court?
2. maybe i'm acting too quickly? does the plaintiff have to send a summons immediately after they file a complaint? or is it still legal for them to wait up until even the day before the trial date?
and yes on the letter they sent me it does say district court of maryland. Thanks again!
1 - I'd ask for dismissal with prejudice. That prevents them fro
1 - I'd ask for dismissal with prejudice. That prevents them from bringing the same suit again at a later date.
2 - [I haven't seen your other thread yet.] They can't just serve process the day before the court date, and expect you to live with it. In most places, you're automatically granted twenty days or so to formulate an answer, retain counsel, take time off from work, or whatever you gotta do.
Not sure how other states work, but in IL when a case is filed t
Not sure how other states work, but in IL when a case is filed there are two dates set: a return date and a trial date.
The return date is usually a month after the case is filed. If served, the defendant needs to file an appearance on or before that day. Summons must be served at least 3 days prior to the return date. If defendant is served and does not file an appearance by the return date, then on the trial date they may get a default judgment entered.
On the date of trial, judge will look to see if summons was served properly. If so, then the case will be heard; if not, then the judge will tell plaintiff to go try again (alias summons) and set a new return date.
My whole point is that if you get served at the last minute (in IL), then you only have 3 days to make it to court and file an appearance.
Thanks a lot everybody... Online it doesn't say anything ab
Thanks a lot everybody...
Online it doesn't say anything about a return date but i'll keep checking. I'm going to go ahead and send this letter to the court and hope for the best. It seems pretty stupid that they can give you only 3 days to get ready... but i guess that's how they get ya...