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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
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Experience:  25 years practicing law
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A summons to respond to a lawsuit involving a credit card dispute

Resolved Question:

A summons to respond to a lawsuit involving a credit card dispute was delivered to my wife who is not a party to the lawsuit. I was not home so I did not receive the summons directly. Does the delivery of the summons to my wife constitute delivery of the summons to me?
Submitted: 7 years ago.
Category: Business Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- Technically it does not. Having said that you will have the choice of ignoring it, filing an answer or filing a motion to dismiss for insufficient service. All of this will only delay the inevitable that you will be served eventually. The rules of civil procedure are somewhat complicated so I will attempt to explain the best I can what options you have.


If you ignore the summons the plaintiff will file for a default judgment once the time period passes for an answer or other response to be filed. At that point you would have to file a motion to vacate the judgment based on the lack of service. Assuming you win that motion then the plaintiff will simply refile the suit and serve you again.


If you decide to file a motion to dismiss based on insufficient service then they will simply file a response and serve you again. Third if you go ahead and file an answer then you will be able to contest the case in the court at this time.


Unless you are trained in the complexities of the rules of civil procedure or want to spent a lot of money on an attorney you might as well file an answer to the complaint within the prescribed time period on the summons. That will prevent a default judgment from being taken and force the plaintiff to prove their case in court.


Many times the credit cart companies do not have sufficient evidence to prove their case however that is not the norm. At some point they usually prevail with a judgment.


David Kennett - JD - Attorney at Law

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