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No Answer or motion has been served upon the plaintiff by the defendant

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Randomguy1776

Junior Member
I was forwarded by the courts in Michigan a Notice of Dismissal by plaintiff *(No Answer or motion has been served upon the plaintiff by the defendant) without prejudice. Which took place in a state I haven't lived in for nearly a year and is dated 2 months ago.*

I was never served anything officially and actually have no idea what this is over.. Its from a company I never herd of or dealt with.

What should I do next?
 


quincy

Senior Member
I was forwarded by the courts in Michigan a Notice of Dismissal by plaintiff *(No Answer or motion has been served upon the plaintiff by the defendant) without prejudice. Which took place in a state I haven't lived in for nearly a year and is dated 2 months ago.*

I was never served anything officially and actually have no idea what this is over.. Its from a company I never herd of or dealt with.

What should I do next?
You could contact the court if you want to but the notice of dismissal "without prejudice" means that the plaintiff can file suit against you again.

You have no idea about what the suit pertains? Did you rent a house or apartment in Michigan, perhaps, or get in an accident in Michigan when you lived there?
 

Randomguy1776

Junior Member
You could contact the court if you want to but the notice of dismissal "without prejudice" means that the plaintiff can file suit against you again.

You have no idea about what the suit pertains? Did you rent a house or apartment in Michigan, perhaps, or get in an accident in Michigan when you lived there?
I own a house up in Michigan but the address of the plaintiff is in Kalkaska, Michigan a place which is 2+ hours away from it and i've only passed through a couple times and can never remember stopping.

I have never been in an accident or owe any debts.

It was filed in the courts of where I used to live on October 7th and I just received it today and it had my new address on it from the court. It wasn't one that was forwarded by the USPS. Which I won't be able to contact till atleast Monday.
 

quincy

Senior Member
I own a house up in Michigan but the address of the plaintiff is in Kalkaska, Michigan a place which is 2+ hours away from it and i've only passed through a couple times and can never remember stopping.

I have never been in an accident or owe any debts.

It was filed in the courts of where I used to live on October 7th and I just received it today and it had my new address on it from the court. It wasn't one that was forwarded by the USPS. Which I won't be able to contact till atleast Monday.
Well, apparently the plaintiff believes you were served with a summons and complaint. The court would have record of proof of service so, if you want to contact the court on Monday, that could clear a few things up for you. The dismissal was apparently due to your failure to respond to the complaint.

It is possible, I suppose, that there was an accident on your property in Michigan that spawned a suit. Just a guess. At any rate, the court has your new address so I imagine the plaintiff has your new address. If he intends to re-file, you might be served. In what state do you live now?
 

Randomguy1776

Junior Member
Well, apparently the plaintiff believes you were served with a summons and complaint. The court would have record of proof of service so, if you want to contact the court on Monday, that could clear a few things up for you. The dismissal was apparently due to your failure to respond to the complaint.

It is possible, I suppose, that there was an accident on your property in Michigan that spawned a suit. Just a guess. At any rate, the court has your new address so I imagine the plaintiff has your new address. If he intends to re-file, you might be served. In what state do you live now?
I just had someone double check and there is nothing around my house or between any of my doors. Someone has actually been coming there quite frequently and said they have never seen anything. I also checked my local news paper archives online and there was nothing published in relation to this.

Thankfully if it is someone suing me over an "accident" on my property which I am currently in the process of closing a sale on. I have cameras which are setup to record for 6+ months. So I would have it on camera if it did occur in the last 6 months I also have very good insurance.

I currently reside in Alabama and will be moving overseas immediately for my work following Christmas.

As for being served can they serve my papers to like a Management/Club House office? The only reason I got this dismissal letter was due to the USPS giving it to my management office since it was missing my apartment number.
 

quincy

Senior Member
I just had someone double check and there is nothing around my house or between any of my doors. Someone has actually been coming there quite frequently and said they have never seen anything. I also checked my local news paper archives online and there was nothing published in relation to this.

Thankfully if it is someone suing me over an "accident" on my property which I am currently in the process of closing a sale on. I have cameras which are setup to record for 6+ months. So I would have it on camera if it did occur in the last 6 months I also have very good insurance.

I currently reside in Alabama and will be moving overseas immediately for my work following Christmas.

As for being served can they serve my papers to like a Management/Club House office? The only reason I got this dismissal letter was due to the USPS giving it to my management office since it was missing my apartment number.
Here is a link to Alabama's service process: http://judicial.alabama.gov/library/rules/cv4.pdf

I think you might be best off contacting the court on Monday to find out what the suit is all about.

Good luck.
 

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