Legal Question in Credit and Debt Law in Kansas
I wasn't properly served a summons for which I was being sued for money. I don't dispute I owe the money but I didn't get the summons till the day before court. Is there anything I can legally do? Can I get the case dismissed?
1 Answer from Attorneys
It is unlikely that the case will get dismissed just because you were served the day before court. But, you may be able to get a defualt judgment, based upon those facts. I do not recommend that you avoid answering the petition. The Plaintif may get a defautl judgmet, and it will be up to you to fiel the appropriate documents to ask that such judgmetn be dismissed. At that point, you ar ein the case, and may nto have to be served again. The case could then go through Discovery and on to trial. If you are obligated to recompense the plaintiff for thier legal fees, you may incease yrou debt by being coy. You may want to meet personally with an attorney in your area to see if you have any defenses. Manny offer a free or low cost initial consultation.
Good luck