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Received Summons and Notice from October 15, 2004 today.


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Today, June 24, 2006, I received a Summons and Notice from Forrest Co., MS, county court. The date of the summons is October 15, 2004. It has a case number and the plaintiff is listed as a debt collector, "Eagle Service Corp.", who is suing me for a debt that I do not believe is mine.

It says I have 30 days to respond to the attorney for Eagle Service Corp.

I need some advice on how to proceed. Considering the date of the summons, is it possible that a judgement has already been entered against me and I just don't know about it?

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It is possible and if that thing is SERIOUSLY 2 years old, you need to file a motion to dismiss based on lack of prosecution. There generally IS set amount of time for a summons to be served - 2 years is ridiculous IF it's real.

Call the courthouse and find out whether or not there was ever a lawsuit filed and/or judgment rendered against you. If so, get a copy of the case file and find out exactly what they did and when. The proof of service will tell you when, where, how and to whom the summons was served.

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Many thanks for that advice.

I'm going to call them on Monday and see if this is real. Assuming that it is, I've been reading up on MS Rules of Civil Procedure and have found that the time limit for service of a summons is 120 days.

Specifically:

"Summons: Time Limit for Service. If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion."

Is this what you are referring to in your response above? Also, would a motion to dismiss accompany an answer or be submitted in place of one?

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You would DEFINITELY file the motion to dismiss based on the expiration of that 120 days. Cite the statute, show the date on the summons. This thing is so stale it's not funny !

Why are they suing you in MS ?? Did you open the account in MS ??

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