I have a civil suit filed against me by in a collection agency that is a law office. I have never been served a summons to appear the only reason i found out about it was thru aanbest watery other lawyers solicitation letter and court is Friday the 30th. Should I wait till after the court date and file a motion to vacate the order and have this suit dismissed or what's my way to handle it?
Answered on: 8/26/13, 1:55 pm by Jonathan Shimberg
Unless and until you are served with summons the court does not have jurisdiction over you. However you have no idea at what address they are trying to serve you at. If they acknowledge that they have not served you, the court will do nothing, an alias summons will be issued and they will try to serve you. Unless they are a judgment against you, filing a motion waives the jurisdiction issue - not a good idea.
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