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A summons for my husband and myself was served to my 16 year…

A summons for my...

A summons for my husband and myself was served to my 16 year old son, is this grounds for dismissal

Lawyer's Assistant: Family law varies by state. What state are you in?

New york

Lawyer's Assistant: Have you talked to a lawyer yet?

No, can't afford one

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The person who is suing me is my cousin, my dog scratched her face when she went to lick her and i have contacted my homeowners insurance believeing they will go after that. so do i need to get a lawyer to answer the summons or can i file it myself.

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9/21/2017
RayAnswers
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Category: Family Law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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It could be here.A lawyer would be able to challenge service and get it dismissed.Also the lawyer can dispute the facts in the lawsuit and perhaps you can counterclaim as well if you were out legal fees and damaged here. You would be better served to use a lawyer here to respond and counter claim.

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If you have to file yourself

nstead of answering, a defendant or respondent can ask the court to dismiss all or part of the case by making a motion to dismiss. The defendant or respondent should ask the court to let him or her make a late Answer if the motion is denied.

Motions to dismiss are made for many different reasons. For example, if the defendant didn’t get the summons and complaint the right way, he or she can ask the court to dismiss the case. (See Examples of Bad Service). Or, if the plaintiff started the case in the wrong court or county, the court will dismiss the case. If the court grants these motions to dismiss, the case is over, but the plaintiff can correct the problem and start the case again. This is called a dismissal without prejudice.

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Customer reply replied 11 months ago
do you know how much a lawyer would cost for this case
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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