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What does this mean? Need legalese help...


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Defects in summons. No summons or the service thereof shall be set aside or be adjudged insufficient when either is reasonably calculated to inform the person to be served that an action has been instituted against him, the name of the court, and the time within which he is required to respond.

Does that mean that I shouldn't even bother with a Motion for More Definite Statement because my summons had the fact that the Plaintiff was praying for judgment against me, the name of the court, and the time frame in which I could reply?

Or am I reading too much into it?

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It's basically saying that if they made a reasonable effort to have you served, and the process server took steps that would make a normal person aware of the fact that they were being sued, in what court and what the appropriate time frame to respond was, the courts consider you served.

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The summons and the complaint are two different entities. The summons is a legal document informing you that you are being sued. The complaint is the plaintiff's document (pleading) informing you what you are being sued for and what the plaintiff intends to prove. The motion for a more definite statement is after the fact. It means you can't figure out what the hell the plaintiff is talking about.

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You think that is confusing, if this is a JDB suing you, wait until you read all the irrelevant b.s. they throw at you as alleged evidence. They will try to correlate an earthquake in Japan with you somehow owing them money.

B.S. I am fluent in, with many thanks to my ex-husband. I'll be okay when it comes to b.s.

Actually, if any of you out there need a b.s. translator, you let me know. ;)

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legal, you've already helped me a bunch with my complaint. I filed my Motion for a More Definite Answer today and sent a copy to the Plaintiff's attorney.

If I get the motion granted, I'll post the amended complaint and keep it contained to one thread from now on (sorry about the multiples).

Unless, of course, my Motion makes them drop suit and run. What?...No? ;)

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