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Is there a court date set? If so, you can go to that and tell the judge that you have not been able to effectuate service, and he will likely reset the appearance date. You think he is avoiding service? Do you have a copy of the Return?
I see. In that case, I would file a motion for continuance if the court date is fast approaching. List the reason as non-service. Detail that you are located far from the courthouse, and would like an extension. As this matter is in small claims, take a look at Rule 142.02. You can mail the summons and petition via certified mail, return receipt requested. Make sure you comply with the rules, i.e.- ensure the docket number is ***** the envelope, etc. This should satisfy the judge.
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Hello. I am KimP. I have practiced law for over 20 years.
There is no form to ask for a continuance. You have to show up in court to ask for a continuance.
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I am glad to hear that. That means they are making the court easier to handle. Good for you. That was not possible before.
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