Legal Question in Civil Litigation in Michigan

Need info about a summons

My question is this;

If you receive a summons and complaint that u r being sued by a credit card company and on that summons u notice an expiration date...(got the summons weeks later in the mail) what do u do? Is this summons no longer valid? can u still be sued even if u received it late in the mail ect


Asked on 8/19/03, 1:53 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Need info about a summons

You can ask the Court to quash the summons, but the bottom line is that you are only entitled to a notice and opportunity to be heard.

You now have actual notice of the lawsuit, and courts don't look kindly on parties who quibble about dates when they're just going to get served at the hearing on the motion to quash, which means that it has all been a waste of the court's time.

That's why there is, in most jurisdictions, and certainly in Michigan, a duty to confer before filing a motion with the court. If the dispute can be resolved without court involvement, so much the better.

What your counsel will probably do is waive service defects in exchange for getting more time to answer the complaint or some other courtesy.

Of course, if there is another reason to argue about the validity of the summons or complaint, then do so, but try not to annoy the judge, who will later rule on somethng important, if you can resolve it diplomatically.

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Answered on 8/19/03, 2:01 pm


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