Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

For how a summons valid in order to make a change of county?

For how long a summons...
For how long a summons valid in order to make a change of county? Can it be still done after 3 months of service or need a new one in defendant county? Which one is proper ?
Show More
Show Less
Ask Your Own Legal Question
Answered in 17 minutes by:
3/27/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What state is this in? Did the defendant ever respond to the Summons?

Ask Your Own Legal Question
Customer reply replied 4 months ago
NC
Customer reply replied 4 months ago
def responded in motion to dismiss

Thank you.

Was the Motion to Dismiss based on it being in the wrong county? What did the judge say?

Ask Your Own Legal Question
Customer reply replied 4 months ago
the wrong county never responded to the motion

That's odd. Has anything else happened in the case?

Once the parties appear in a case, there wouldn't be any reason for new service before filing a Motion. You should be OK to go ahead and file a Motion for Change of Venue. But if it's possible that the judge might still dismiss the case outright, you might not want to do that.

Ask Your Own Legal Question
Customer reply replied 4 months ago
The plaintiff filed change of venue after defendant motion while waiting for answer

There's no need for a plaintiff to file a change of venue and wait. The plaintiff can move a case at will by filing a Motion to Dismiss without Prejudice, then filing a new Complaint in the correct county.

Once that new Complaint is filed, then a new summons would be issued to notify the defendant.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified
Lucy, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
This is where my problem lies. There is no new complaint filed by the plaintiff. He did a change of venue at my disadvantage in order to proceed.

It's really not at your disadvantage, though, because case shouldn't proceed until the judge rules on both those motions. You can file a Motion for Ruling, pointing out to the judge that both of these things are still outstanding.

And you may want to call the clerk of the court, just in case the judge did rule but your notice got lost in the mail.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Ok. I can post after on your link.

What link?

Ask Your Own Legal Question
Customer reply replied 4 months ago
Here

Ah, OK. Thank you.

Ask Your Own Legal Question
Customer reply replied 4 months ago
If defendant missed a deadline to appeal a motion in a civil case ( 30 days deadline ) Can the motion be reconsidered for new discoveries. In this case what will such Motion title be?

When new evidence is discovered, it is possible to file a Motion for Reconsideration, asking the judge to take another look.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Is it still under rule 60?
Customer reply replied 4 months ago
Do I need to attach the discoveries with the filing?

I'm sorry, but I'm going to have to ask you to open a new question page. Motions to Reconsider aren't considered related to the original question about changing venue. I went ahead and answered your last question because it seemed quick, but I've been online for the past 14 hours, and I really need to sign off for the evening. Any available expert can discuss your options.

Ask Your Own Legal Question
Customer reply replied 4 months ago
Thanks for your help.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I received a request for entry of default. amount is $6068.
I received a request for entry of default. amount is $6068.69 with cost fees included. I never received anything prior to this. need advise … read more
LegalGems
LegalGems
Juris Doctorate
12,775 satisfied customers
I have filled a summons as plaintiff pro se with notice with
i have filled a summons as plaintiff pro se with notice with ny supreme court ,i have index no the summons simply says what they did wrong and what the damages are in monetary terms how long do i have… read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
Mistake discovered in Plaintiffs Complaint and it needs amending.
Mistake discovered in Plaintiffs Complaint and it needs amending. Idaho's Rules of Civil Procedure, Rule 15(a). Amended and Supplemental Pleadings – Amendments provides: A party may amend the party's … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I have a question about URCP 11 C Sanctions: http://www.utcourts.gov/resources/rules/ur
I have a question about URCP 11 C Sanctions: http://www.utcourts.gov/resources/rules/urcp/urcp011.html (c)(1)(A) By motion. A motion for sanctions under this rule shall be made separately from other m… read more
Thelawman2
Thelawman2
Doctoral Degree
1,733 satisfied customers
Currently serving Summons to defendants via certified mail
Currently serving Summons to defendants via certified mail (per Order from US District Judge) -- Post Office returned one envelope to me today as being "refused" by the defendant. How will the Judge r… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
In a county court in Colorado, a plaintiff presented a case
In a county court in Colorado, a plaintiff presented a case for judgment against a county resident, and the court entered a judgment against the resident as defendant compelling defendant to settle th… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
What does it mean to "searve" a Respondent? How does a Petit
What does it mean to "searve" a Respondent? How does a Petitioner prove he served a copy of the petition he filed upon Respondent? And what does it mean to: "Prepare, have issued and served a summons … read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
Situation:: Someone was summoned for warrent debt in a residence
Situation:: Someone was summoned for warrent debt in a residence and state (VA) that was never lived in or worked in by that person. No one accepted summons as person did nor live at residence. Planit… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
Question on default judgment If a defendant was served in
Question on default judgment If a defendant was served in state court on for example July 8 with a complaint when would a request for default judgment officiallt be allowed (August 7?), or would you w… read more
loeblaw
loeblaw
Judicial Doctorate
1,629 satisfied customers
I have been tied up in a legal despute over the custody of
I have been tied up in a legal despute over the custody of my three boys since 2001. We have over 11 volumns of filings. Their is parental alienation involved and now the court is finally recognizing … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I received a summons on 1/8/09. I called the law firm (debt
I received a summons on 1/8/09. I called the law firm (debt collectors) within 5 minutes of being served. They said that I could make $200 monthly payments to them and that is all they would accept. I… read more
MD MILLS
MD MILLS
Associate Attorney
Doctoral Degree
99 satisfied customers
I am starting tjhe process to file a Motion for Adjustment
I am starting tjhe process to file a Motion for Adjustment of Child Support in WA state, pro se. The relevent forms for the motion, (proposed) order re adjustment, and (proposed) order, as well as fin… read more
JaxLawyer
JaxLawyer
Solo Practitioner
Doctoral Degree
257 satisfied customers
in nyc what is a divorce decree report issued by a referee
in nyc what is a divorce decree report issued by a referee and what is drl 170 sub(2) IS THIS A VALID FINAL HEARING DIVORCE DECREE OR DOES THE PARTIES INVOLVED BOTH HAVE TO ACKNOWLEGE IT?IF DOES ONE O… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
my son damaged some property when he was 17. the court ordered
my son damaged some property when he was 17. the court ordered me to pay restitution. after my son was 18 the compaintaints sued use both in superrior court. am i still responsible for what he did as … read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
I need the timing of all aspects of filing of foreclosure proceedings
I need the timing of all aspects of filing of foreclosure proceedings from date of referral to sheriff's sale - time for response of Creditor to respond to the summons & complaint; possible summons by… read more
Ray
Ray
Lawyer
Doctoral Degree
33,770 satisfied customers
I am being sued by a credit card company. I received a ...
I am being sued by a credit card company. I received a summons and it request a response. I do not denigh the claim, but I am on disability and I don''t have money to pay on the account anymore. Do yo… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
Im a single women/mother with a 7 month old child, in
I'm a single women/mother with a 7 month old child, in Wisconsin. Father signed "voluntary acknowledgement agreement" A restraining order "harrassment" 4 year injunction was granted. 4 months ago- Nov… read more
4ren6
4ren6
Retired
2,906 satisfied customers
I have been served with a summons from a customer in a ...
I have been served with a summons from a customer in a Northern California county and my business is in So. California, Doen't he have to serve me in my county since the work was done here. The summon… read more
JoeLawyer
JoeLawyer
Attorney
Juris Doctorate
753 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x