The local under sheriff has engaged in activity biased to an unlawful attempt to evict me from my own home. My home was given to me by my ex-mother-in-law, and now (8 yrs later) she feels she wants it back for her grandson and his tort for a wife. It is mine and if they messed up by serving me with the first petition without a summons, I need to know how this can work to my benefit.
2006-12-19 02:50:49 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You can get it dismissed by filing a motion for insufficient service of process (Federal Rule of Civil Procedure 12(b)(4). find the comparable rule in your state, you do have one!). However, they can indeed refile. Your best bet is to hire an attorney.
2006-12-19 02:54:29 · answer #1 · answered by cyanne2ak 7 · 0⤊ 0⤋
The serving of the petition began the running of the statute of limitations for your time to answer (usually 30 days, but you should consult an attorney). Typically, in eviction matters (but this varies by state), the summons is served, and court date determined, after you file your petition for relief. Again though, you need to contact an attorney who knows your state's law. Good luck.
2006-12-19 11:00:32 · answer #2 · answered by Angry Daisy 4 · 0⤊ 0⤋