Legal Question in Civil Litigation in Connecticut
improper service of summons, any recourse?
I found my summons shoved in my doorway, but it was found by someone and put there, seems to have been left, and then blew under a gate, to the front of my neighbors apartment. I am pro-se, and did notify the opposing counsel in writing, of the way the summons found its way to me, and that I am not sure what day it even arrived. I got a cold response, and told that I had just a few days to answer, or they would go by their service date on file, and get a default judgement. Well I did file an answer/jury demand, but didnt add any complaint about the improper service of summons, is it past hope? Or anything I can do about amending my answer, or do I send a separate counter complaint? Just so confused, and dont see any readings on this type of issue. [district of conn, federal civil suit]
2 Answers from Attorneys
Re: improper service of summons, any recourse?
You need to make a motion to amend your answer and add a special defense alleging lack of jurisdiction due to failure to properly serve.However,I do not think you will prevail. Dennis P. McDonough
Re: improper service of summons, any recourse?
The problem is that you have actually received service and notice of the suit. I don't know if I'd spend any time or effort on contesting that. All it will mean is that they will serve you again if they have to and you will be where you are today.
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