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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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I was recently served for a Civil Action Summons (in New

Customer Question

I was recently served for a Civil Action Summons (in New Jersey) and was trying to figure out how to submit my answer. I was mainly trying to figure out the exact date that it was due, and when I called the court they were unable to locate my docket number and told me over the phone that I was served with incorrect paperwork. Because of this, I would not need to answer until I was served correctly. I am really concerned that I was incorrectly advised by the court. Can you answer some basic questions about a summons for me?
JA: Since laws vary from place to place, what state is this in?
Customer: New Jersey. Hudson County
JA: Has anything been filed or reported?
Customer: The court told me that the paperwork that was filed by the plaintiff was incorrect.
JA: Anything else you want the lawyer to know before I connect you?
Customer: From my understanding, the issue with the paperwork could be any of the following reasons:
1. Although there was a stamp from the Superior Court Of NJ, there was no Docket Number. This (possibly) means that they did not complete the process before having me served.
2. The info provided (response time and filing fee) were incorrect.
3. The demand amount was handwritten, and I was told that this was completely wrong.
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Customer: replied 1 month ago.
Ok thanks. I am online now, so I look forward to your answer.
Expert:  Maverick replied 1 month ago.

Here is the law that applies.

It states in relevant part:

the defendant shall serve an answer, including therein any counterclaim, within 35 days after service of the summons and complaint on that defendant.

more to come....

Customer: replied 1 month ago.
I understand the timeframe. That was all made clear on the court's website. When I called to check in on it they orignally gave me a due date that was more than 35 days, but then when I asked to be transferred to a supervisor, the supervisor explained to me that the reason they had trouble providing me with an exact due date was because I was incorrectly in the system.
Expert:  Maverick replied 1 month ago.

I agree with you that you should not rely on the court's advice. But you should read this case and proceed accordingly so that you do not waive your right to challenge the jurisdiction of the court and/or improper service.

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Customer: replied 1 month ago.
I just gave that case a quick skim and I believe my case is a bit different. I called the court multiple times and ended up speaking with a supervisor who provided me with the info that I am stating. She clearly stated that, because the plaintiff incorrectly submitted their paperwork, it was rejected by the court and needed to be resubmitted—meaning that I would need to be served again (and correctly) before I would have to answer.
Customer: replied 1 month ago.
My main issue is, 1) I do not want to spend a bunch of money on lawyer's retainer if I have not been correctly served. And 2) If I was told the wrong information and choose to wait it out, and judgement can be awarded against me as if I ignored this.
Expert:  Maverick replied 1 month ago.

I will need to opt out and let another expert try to assist you with this.

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