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Time to Reply to Summons in Missouri when a motion to dismiss due to wrong person/entity has not be heard...


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My Missouri company was incorrectly named as defendant because of a similar, but no where near exact, corporate name. We have filed a motion to dismiss but it will not be heard until the time to respond to the summons is over. I am trying to do this pro se instead of paying hundreds if not thousands in legal fees. Is the time to respond to the summons extended because of the motion to dismiss or do we still need to respond by the summons date even though the suit is against the wrong company? Thanks for your assistance.

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In MOST jurisdictions, a Motion to Dismiss can be filed in lieu of an answer.  You should check the Missouri Rules of Civil Procedure.

There are some HUGE complications.

In some situations, a corporation is required to be represented by an attorney, rather than doing it pro se.  It may depend on the type of company.  You really need to check the Missouri state laws on this.  A lawyer could tell you, but if you don't want to hire a lawyer, you will have to look up the information yourself.  

Have you contacted the attorney that filed the lawsuit, to point out to him the error?  If this was an honest mistake, that could clear up the issue.  

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