Legal Question in Business Law in Massachusetts

proof of service

I was served while husband is in Canada conducting business. It's against his Corp. and him personally. Court said today he has 14 days to respond. Won't be back in time. Can proof of service be appealed?


Asked on 5/21/08, 12:37 am

4 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: proof of service

Your concern is well-placed. Your approach is not the correct one.

What you need to do is retain a lawyer to deal with the serving party, and ask them for a continuance to allow you to file your motions and answers within a reasonable time after your husband returns.

If you have any other questions, please contact me. If you want a consultation contact me right away.

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Answered on 5/21/08, 12:47 am
Joseph Murray Joseph M. Murray, Esq.

Re: proof of service

What was a served should be given to the attorney who represents your husband and his corporation.

If none, an attorney should be rtained to do so.

That attorney will know how to deal with this.

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Answered on 5/21/08, 10:47 am

Re: proof of service

As a matter of law, corporations can only be represented in court by an attorney (because a corporation is s separate entity and your husband is a stock owner/officer of the corp). The corporation will need to retain counsel immediately. That counsel may also represent your husband. Should the time within which to file an Answer pass, the Plaintiff can have a default issued against anyone (husband or corporation) who fails to Answer in time.

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Answered on 5/21/08, 11:00 am

Re: proof of service

Your concern is correct, but the proper way to deal with this is to contact an attorney and have him deal with the attorney for the other party.

Contact your husband and find out who his attorney is. If he does not have one, contact an attorney to at least get more time to file an answer and whatever Motions may be appropriate.

Please feel free to contact me if you have more questions.

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Answered on 5/21/08, 12:09 pm


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