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    #1

    Summons

    I received a summons back at the end of August along with a complaint for a lawsuit with JCPenney. I responded within the 21days needed and looking up the case on my courthouse website it still says pending. Well I had a card from the same business who served me the court papers asking for me to give them a call. What could it be if I have already answered the lawsuit and it says pending on the courthouse website? Just wondering what could they possibly have to give me now after they already gave me the lawsuit and complaint? Please Help!
    P.s. If this matters they actually tried to serve the complaint and lawsuit at my parents house which isnt where I reside. I reside in a different county so I used that fact in my answer.
    So now there trying to deliver "whatever it is" to my address not my parents!!! Please Help
    Last edited by MeLLE159; 09-28-2010, 11:48 AM.
    Filed:11/2010
    341 Meeting:1/5/2011
    Discharge:3/2011
    Tags: None
    #2
    Originally posted by MeLLE159 View Post
    I received a summons back at the end of August along with a complaint for a lawsuit with JCPenney. I responded within the 21days needed and looking up the case on my courthouse website it still says pending. Well I had a card from the same business who served me the court papers asking for me to give them a call. What could it be if I have already answered the lawsuit and it says pending on the courthouse website? Just wondering what could they possibly have to give me now after they already gave me the lawsuit and complaint? Please Help!
    P.s. If this matters they actually tried to serve the complaint and lawsuit at my parents house which isnt where I reside. I reside in a different county so I used that fact in my answer.
    So now there trying to deliver "whatever it is" to my address not my parents!!! Please Help
    They want you to call them and settle, that is why they left a card. When are you filing bk? Let them go to court and get a judgment if you are filing soon. Your bk will vacate the judgment.
    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

    Comment

      #3
      Well I will be filing hopefulling the middle of Oct. Well the card they left is for a process server who has the documents. I'm just wondering what documents they have to provide me now after I have already answered the complaint and am wondering what more info they would have for me now! I'm sorry back to school if I wasnt clear the card is from the process server business and they are trying to get in contact with me for creditor! WHY WHY???
      Filed:11/2010
      341 Meeting:1/5/2011
      Discharge:3/2011

      Comment

        #4
        Originally posted by MeLLE159 View Post
        Well I will be filing hopefulling the middle of Oct. Well the card they left is for a process server who has the documents. I'm just wondering what documents they have to provide me now after I have already answered the complaint and am wondering what more info they would have for me now! I'm sorry back to school if I wasnt clear the card is from the process server business and they are trying to get in contact with me for creditor! WHY WHY???
        The process server is probably serving you with a request for more info, ie a discovery, or a trial date. If you are filing in Oct you have nothing to worry about. Answer each thing served to you, to buy you the extra 21 days, and then file.
        You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

        Comment

          #5
          Oh that makes sense. Yea I'm filing soon so not to worried it kind of caught me off guard because nothing has been updated on the courthouse website as of yet.
          Filed:11/2010
          341 Meeting:1/5/2011
          Discharge:3/2011

          Comment

            #6
            The service at your parent's house was improper (okay - in Florida where I work it would be. Probably the same in your case.).

            It has to be made on either you personally - or at least on someone at your current address. (Michigan may allow service by registered mail.)

            Technically, the judge can dismiss the case for improper service. Of course it would be without prejudice, allowing the plaintiff to file an amended complaint with the correct information at a later time, so it's really just a delay.

            Of course if the case itself was filed in a county that you don't live in, it should be dismissed for lack of venue. The case should be filed in the county you live in.

            I don't know if you raised that issue in your answer - but regardless, the judge may ask the plaintiff to dismiss and refile in the proper court just to get it off his calendar.

            Comment

              #7
              Hey Johnneycakes I did raise that point in my answer and so Im curious to know if the judge is going to let the case proceed or if they are providing me with something else. I wish they would just put it on the website already. I will find out this week. Thanks for the info. Im hoping it was dismissed and they have to refile, but if that's the case would they serve that to me?
              Filed:11/2010
              341 Meeting:1/5/2011
              Discharge:3/2011

              Comment

                #8
                Maybe they got your answer saying that they filed in the wrong county and refiled in your correct county. If that's the case it's a whole new lawsuit and you should check the records at the courthouse where you actually reside. Just brainstorming...

                Comment

                  #9
                  Hey Casablanca,
                  I checked that and I don't have any record in the county where I reside yet. So who knows!!!! I will call them on Thurs and will update then!
                  Filed:11/2010
                  341 Meeting:1/5/2011
                  Discharge:3/2011

                  Comment

                    #10
                    It does not matter about the venue or the service, as you are going to file bk. Don't complicate your life further. Also, you are NOT ALLOWED to return a call to the Plaintiff or their agent if you are represented. If not represented, be VERY careful not to talk too much.

                    Improper service can avoid the immediate case, but not the result of what is called an "alias summons" and you must take it as the Court knows you are aware of this case.

                    Again, why bother with it? Stall till your filing bk. Then that tolls the suit and eventually will discharge it. Their only other recourse would be an AP. That is unusual and expensive for them. Hope this helps. 'Hub
                    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                    Comment

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