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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I want to file an "Opposition to Defendant's Motion to

Customer Question

I want to file an "Opposition to Defendant's Motion to Dismiss Plaintiff's Complaint" on grounds of "insufficient service of process" per Fed.R. Civ. P. 12(b)(5). I need legal arguments for that
JA: What state are you in? It matters because laws vary by location.
Customer: Georgia
JA: Has anything been filed or reported?
Customer: Plaintiff had filed a Complaint against Defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e
JA: Anything else you want the lawyer to know before I connect you?
Customer: Plaintiff had erroneously sent/served the Summons by US Mail, and now the Defendant has filed "Motion to Dismiss Plaintiff's Complaint" citing "insufficient service of process".
Submitted: 6 months ago.
Category: Legal
Expert:  socrateaser replied 6 months ago.

Hello,

If you had never filed and served the original summons and complaint, and you were about to start the lawsuit today, would you still be within the statute of limitations time to file and serve your lawsuit?

Customer: replied 6 months ago.
The original summons along with the Complaint were mailed to the Defendant(s).
Customer: replied 6 months ago.
I do not want to call. Please continue.
Customer: replied 6 months ago.
No, I do not think it would be within the statute of limitations to file and serve a new lawsuit.
Expert:  socrateaser replied 6 months ago.

Did you obtain a right to sue letter?

If yes, then was it obtained from a state agency or from the EEOC?

Customer: replied 6 months ago.
from EEOC.
Expert:  socrateaser replied 6 months ago.

Has it been 90 days from the date of the right to sue letter?

Customer: replied 6 months ago.
Plaintiff's Complaint was filed within the 90 days' time limitation.
Expert:  socrateaser replied 6 months ago.

Based on your answers, I don't believe I have a useful answer for you. Consequently, I will reopen the question for others to try to assist. Good luck with your legal difficulties and thanks for using Justanswer!

Customer: replied 6 months ago.
In that case, I do not want to continue further with Justanswer any longer. Please arrange to refund my money back to my Credit Card or better still, DO NOT credit my card.
Please confirm.