Legal Question in Bankruptcy in California

Defective Service For Summons and Adversary complaint
I am Pro Se in an adversary proceeding in a chapter 7 BK. We are into the discovery phase. I just noticed that the original summons and complaint may not have been served properly. In the Proof of Service, the documents were described as '' SUMMONS AND COMPLAINT IN ADVERSARY'' but what was served was 2 documents, the Summons and a 2nd document that is titled ''COMPLAINT OBJECTING TO DISCHARGE''

The Plaintiff's attorney is trying to use the excuse that I defectively served a Request For Production of Documents because on the proof of service it said '' Notice of Production of Documents''

Is it realistic to think I can get the complaint dismissed for defective service, especially because he is using the very same argument to not produce discovery?

I Have already filed a Motion to Dismiss the complaint under rule 41(b) for his failure to obey a court order compelling him to produce Initial Disclosures and for his failure to appear the Pretrial Status Conference.

We are now well past the 120 day limit to serve the summons and also well past the deadline to object to discharge

Asked on 4/11/09, 2:20 pm

Carl Starrett Law Offices of Carl H. Starrett II

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Re: Defective Service For Summons and Adversary complaint

If you filed am Answer to the Complaint, you waived any defect in service.

Answered on 4/11/09, 2:27 pm

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