Legal Question in Civil Litigation in Michigan

Do I still have to go to court even though I was served the papers by the plaint

I am being sued and the person suing me opened my door and threw the papers in my face. I called the police and they wanted to prosecute her for illegal entry but I declined. I called the court to see if that is legal service and they said it was not but to go ahead and type up an answer, starting out with how I was served, and send it to the court. I sent it and received a court date anyways. The judge's secretary said I needed to file a motion if I wanted to not go to court but she wasn't sure which one. Do I still have to go to court even though I wasn't legally served?


Asked on 2/01/02, 10:08 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Do I still have to go to court even though I was served the papers by the pl

Yes. You can contest jurisdiction, but you'll just get served again, properly this time. The plaintiff is not supposed to serve you herself for precisely that reason. Make her do it correctly , if you can. DON'T type up an answer, but make sure you tell the judge you're there under protest and that you're entitled to proper service before you have to respond to the case.

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Answered on 2/02/02, 3:54 am
John C. Talpos Talpos & Arnold

Re: Do I still have to go to court even though I was served the papers by the pl

I believe in "better safe than sorry". I also believe a judge could say that you were validly served. There is a way to contest service of process by way of a motion. However, it is more sophisticated than the average non-lawyer is aware. I wouldn't advise contesting the service with the assistance of an attorney. Good Luck. John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 2/02/02, 8:54 am


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