Legal Question in Civil Litigation in Kansas

i recieved a court summons in the mail today it isnt checked off how it was delivered is that allowable?"


Asked on 3/26/13, 7:52 pm

1 Answer from Attorneys

Anthony Smith LawSmith

If you were served, as you say you were, your only opportunity to avoid the jurisdiction if the Court, is if the officer that served you firs does nut make a proper return of service. They are rare. But, if the Summons wasn't fully filed out, he might Butch the return. This is a very risky tactic. You would be letting the Plaintiff take a default judgment against you, and then asking the Court you set aside the judgment, because of the service error. If the judge doesn't agree sith you, you're stuck with the judgment against you.

If you and your defense attorney feel you have a better defense, to raise, you would have to almost give up the service issue, in order to raise your purge defense..

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Answered on 3/27/13, 12:05 am


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