LivinLearn Posted February 13, 2012 Report Share Posted February 13, 2012 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? Link to comment Share on other sites More sharing options...
usagi555 Posted February 13, 2012 Report Share Posted February 13, 2012 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. Link to comment Share on other sites More sharing options...
LivinLearn Posted February 13, 2012 Author Report Share Posted February 13, 2012 Okay, cool. Thank you very much. I read that and initially had a sinking feeling in the pit of my stomach. GAME ON! Link to comment Share on other sites More sharing options...
legaleagle Posted February 13, 2012 Report Share Posted February 13, 2012 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. Link to comment Share on other sites More sharing options...
BV80 Posted February 13, 2012 Report Share Posted February 13, 2012 It means you can't figure out what the hell the plaintiff is talking about. I like that. Link to comment Share on other sites More sharing options...
LivinLearn Posted February 14, 2012 Author Report Share Posted February 14, 2012 I like that.I was rather fond of it myself Link to comment Share on other sites More sharing options...
Coltfan1972 Posted February 14, 2012 Report Share Posted February 14, 2012 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. Link to comment Share on other sites More sharing options...
LivinLearn Posted February 14, 2012 Author Report Share Posted February 14, 2012 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. Link to comment Share on other sites More sharing options...
Seadragon Posted February 14, 2012 Report Share Posted February 14, 2012 These JDB's will stretch the truth so much their complaints should be written on Silly Putty a registered trademark.:p:p8-):p:p Link to comment Share on other sites More sharing options...
legaleagle Posted February 14, 2012 Report Share Posted February 14, 2012 Livin, you should post your complaint. Keep everything in the same thread. We can give you some pointers as to an answer. The fun part is when they send discovery and you drop the CIC H-bomb on them. Link to comment Share on other sites More sharing options...
LivinLearn Posted February 14, 2012 Author Report Share Posted February 14, 2012 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? Link to comment Share on other sites More sharing options...
legaleagle Posted February 14, 2012 Report Share Posted February 14, 2012 Doubtful, they don't give up that easily. Keep posting. Link to comment Share on other sites More sharing options...
Recommended Posts