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An attachment with an email states the server delivered the lawsuit on 02/11/13 and filed with court on 02/15/13 but as of

 

today the court has no record of this . Obviously if they have no record of this the court has no knowledge of it either .

 

Is this something I should bring to the attention of the court and if so how would I go about it.

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Obviously if they have no record of this the court has no knowledge of it either .

 

Is this something I should bring to the attention of the court and if so how would I go about it.

Or maybe it is something you should just keep quite about and not draw attention to? Not sure.

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This has happened to other posters only to find out later that there now is a judgment against them. 

 

The first question is venue. Check the summons and make sure You the Defendant went to the correct court. I would then confirm that the Plaintiff filed the complaint at the correct court.  Have you moved????

 

It's probably best to go see the court clerk and bring the documents and confirm there is no filing or activity on your case. I would not call the Plaintiff's attorney for any reason. Maybe you can file a motion of dismissal at a later date for improper service, wrong venue and failure to state a claim.  I would prepare a  motion to dismiss in lieu of answer and have it ready to file at any time.

 

HP

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Thank you for your reply ,I have indeed moved . The lawsuit has an address from a place I lived at 7 8 years ago in another county , it was also filed in that county . I have not lived in that county for the last 7 8 years and can prove it beyond doubt . I call the court on a regular basis and even up till this week they said that its only been filed and that they have my answer . I know the court has my current address as they sent a copy of my filed answer to my abode. They also said ,after I sent one in that a defendant can not file to have a case dismissed.Anyway I sent the B O P yesterday so we shall see what happens with that.

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