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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116175
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I received a summons stating that my roommate was served

Resolved Question:

I received a summons stating that my "roommate" was served for a legal dispute regarding a loan. The person on the summons never lived at my house, the description of who I think they're talking about is all wrong and I was out of town at the time of being served. I need to do a rebuttal stating that noone was properly served and the person listed as served doesn't exist and never lived at my property. I need help in the correct verbiage in writing a motion stating that I was never served and to have the action dismissed.
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
You simply need to send a letter to the clerk of the court stating that you do not have any idea who the person named is and there is nobody at that address by that name, sign it and have it notarized. Then attach the summons to your letter and send it to the clerk of the court and that should be sufficient.

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Customer: replied 8 years ago.
I want to file a motion to have to have this action dismissed stating that I was never served and the person on the summons never lived at my address. I need help with the correct verbiage in writing a motion.
Expert:  Law Educator, Esq. replied 8 years ago.
Sorry for the misunderstanding.

You file a motion to dimiss for insufficiency of service of process and improper service of process. The below is a sample and you will have to modify by changing the court names and some of the wording, but you should at least get the point.

IN THE U.S. DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

Name (s) )

)

)

Plaintiff (s), )

)

v. ) Civil Action No.

)

)

Name (s) )

)

Defendant (s). )

MOTION TO DISMISS

The defendant moves the court as follows:

1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.

2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the Southern District of New York, and (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M. N. and X. Y. hereto annexed as Exhibit A and Exhibit B respectively.

3. To dismiss the action on the ground that the summons was not properly served on the defendant in that it was received by a party unknown to the defendant and who does not live at the residence where service is alleged to have been made.

4. To dismiss the action on the ground that the court lacks

jurisdiction because the amount actually in controversy is less than ten thousand dollars exclusive of interest and costs.

Signed: XXXXXXXXXXXXXX

Attorney for Defendant.

Address: XXXXXXXXXXXXX

Notice of Motion

To: XXXXXXXXXXXXXX

Attorney for Plaintiff.

XXXXXXXXXXXXXXXX

Please take notice, that the undersigned will bring the above motion on for hearing before this Court at Room XX, United States Court House, Foley Square, City of New York, on the XXX day ofXXXX, 193X, at 10 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard.

Signed: XXXXXXXXXXXXXX

Attorney for Defendant.

Address: XXXXXXXXXXXXX

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