Legal Question in Credit and Debt Law in Missouri

Incorrect information on a Civil Petition

I just was served with a summons to appear on July 16th on an outstanding hospital bill of three years ago. On the Petition it states my name, and states that I am a resident of a county in Missouri that I am not nor have I ever been a resident of. In addition, the copy I was given has the county at the top and my address whited out and hand written in. My question is this cause enough to have the case thrown out of court and if so, can they refile the suit/case?


Asked on 7/05/09, 4:16 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Incorrect information on a Civil Petition

You may file a written answer denying the paragraph about your residency, and claim lack of personal jurisdiction as an affirmative defense. Answers are technical mattes that done wrong can limit you in your future defense. Consult directly with an attorney before filing your answer. Do it quickly, as you have a limited time in which to file your answer. If you get this case Dismissed, they might be able to refile it elsewhere. It depends upon the facts of your particular case.

Good Luck

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Answered on 7/09/09, 12:06 pm


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