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Proof of service in countersuit


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A few questions:

1. Midland Funding Sued me and I answered with a countersuit, I live in Missouri. Missouri states that after the original suit is filed, you can use mail for all answers, motions, etc. I mailed my answer with my countersuit, I DID NOT SERVE, did registered mail, Midland Funding did not answer my pleading, I requested default judgment, did not receive even though Midland has taken over 75 days with no answer. Judge told me to file a countersuit to include the other Plaintiffs of Midland Credit and Gamache and Myers.

2. I filed my amended countersuit, and now I am smacked with Motion to Quash, for no service: Motion to Dismiss for adding other Plaintiffs to my case. If any one has an answer on proof of service in Missouri, after the original pleading (Midland Funding filed suit against me) isn't registered mail proof of service? The court clerk mailed my amended counterclaim registered mail, the same way I did, and now Midland Funding, Gamache and Myers, and MIdland Credit, state no service. Yet they filed the motion in court after they read the pleading, that they state they did not get service on. Any ideas of how to plead this in court?

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I can prove have return receipt, but why are they filing a motion to quash? They state that each of them has to be served since this is my countersuit, my understanding is that my suit is an answer to there suit, not the original pleading, just need to know who is correct.

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I can prove have return receipt, but why are they filing a motion to quash? They state that each of them has to be served since this is my countersuit, my understanding is that my suit is an answer to there suit, not the original pleading, just need to know who is correct.

 

Your understanding is wrong.  You must answer their suit separately as it is a different action from yours.  Your counter suit is its own action in response to their actions but is NOT a response to their suit. 

 

Regardless of what the court says you CAN do it is always best to formally serve each defendant.  If you complied with the court procedure then file a motion of opposition to their MTQ and a separate opposition to their MTD.

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Thank you, I prefer straight forward and direct, their attorney was a little confused at court, especially when I brought up the proof of service and default judgment that had not been ruled on. The case transferred from a lower court because of the relief I seek is greater than his authority. The judge gave them 30 days to respond, and they still have not on the original suit I filed, and they still did not answer, and I was told to file the counterclaim, and now my understanding is that since I filed a counterclaim my default judgment no longer exists, because now they have time to act on the counterclaim, in which they are opposing the service that was done by the court, that I am responsible for, this makes no sense.

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