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So what does this mean?


allenandjoelsmommy
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I posted a few months back about noticing that an attorney for a collection agency had filed a suit back in May. I have not been served and in idaho you have six months to be served. I looked on the idaho repository website and it now states that there is a motion hearing scheduled on 12/19/11 and it states hearing for proposed dismissal.

What does this mean? Should I go and just hang out in the back and listen? Usually they have a room full of people at hearings and they just go thru the list.

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I would go. Sometimes things neak by. I would go and make sure your case was dismissed. It sounds like the person suing is dismissing the case or perhaps the court wants to dismiss it because the person never served you. I would attend. If the person suing doesn't show up perhaps you can get the judge to dismiss the case.

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surely they coudln't proceed with anything if I've never been served. I only know about this by chance. SEems like the attorney would have to refile if they wanted to proceed with this.

Trickery, lies, and deceit on the part of plaintiffs does happen, more so among debt collectors.

it says it's a "motion hearing" to dismiss

If no action took place on a filed case, it should be trivial for plaintiff to move to dismiss without a hearing needed for the judge to do so. Well, maybe that's different in Idaho.

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this is what I found regarding civil actions in idaho

Time Limit for Service. If a service of the summons and

complaint is not made upon a defendant within six (6) months 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 14 days notice to such party or upon motion. [Amended June 15,

1987, effective November 1, 1987; amended February 10, 1993,

effective July 1, 1993; amended April 19, 1995, effective July 1,

1995.]

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It's a motion but just a routine matter. Like you just posted, the court will dismiss after 6 months. I can't imagine the other side will even show up.

However, ask yourself this question. If you have not been served, the case will be dismissed (yes it can be refiled later), and your not required by law to be there, is the courtroom where the judge will decide if the case should be dismissed because you could not be found to be served, the place you want to be hanging out.

That's like somebody on the FBI wanted list hanging out in the post office by the wanted posters.

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VEry true. Most of the time the courts have a full docket of items scheduled so there's a roomful of people. I was just thinking of hanging out in the back to listen. But then, if this is a routine type of thing there shouldn't be any point to it other than following state statute because they never served me any papers and nothing has been filed stating they have, so that's good.

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