Proof of service:mispelled name of person served w/ summons +complaint. Fatal error?

[iamHankster]

Can somone please answer question about my timing of the re-filing of my complaint?

Questions (once again):

1. Is there a problem because I re-filed the action without first having waited until the court actually processed and filed my previously submitted "Request for Dismissal?"

2. Can I serve the Defendant with the new Summons and Complaint?


Instead of innuendo and other unrelated comments, can someone please answer the above two questions?

 

[Zigner]

Questions (once again:

1. Is there a problem because I re-filed the action without first having waited until the court actually processed and filed my previously submitted "Request for Dismissal?"

2. Can I serve the Defendant with the new Summons and Complaint?


Instead of innuendo and other unrelated comments, can someone please answer the above two questions?

You should seek the assistance of a local attorney to fix the mess you've caused.

 

[iamHankster]

Can I continue with re-filed action or must I also dismiss it and re-file again?

I am wondering whether or not there is a problem with the timing of the re-filing. I want to proceed with serving the defendant with Summons and Complaint.

I am hoping that it will not be necessary for me to dismiss that re-filed case as well and then re-file that same case a second time.

 

[Zigner]

I am wondering whether or not there is a problem with the timing of the re-filing. I want to proceed with serving the defendant with Summons and Complaint.

I am hoping that it will not be necessary for me to dismiss that re-filed case as well and then re-file that same case a second time.

Really - I wasn't being sarcastic.

You should seek the assistance of a local attorney to fix the mess you've caused.

 

[Zigner]

PM received from the OP:

First of all, I had to choose among what I regarded as seemingly inconsistent forum replies to my questions.

I am not entirely ignorant. Ultimately, I choose to follow your recommendation, as it was certainly the soundest one.

Pursuant to your suggestion, I earnestly attempted to contact the server in order to have him fill out a new POS, i.e., with the name of the person served correctly spelled. Unfortunately, I learned that the server had moved. I diligently tried to contact him, but without success.

Subsequently, the defendant did not file any responsive pleading whatsoever or motion to quash within the statutory deadline. Consequently, I filed a Request for Entry of Default
When I brought the misspelling to the attention of the clerk in the Default Department, she told me to do exactly as you had suggested. She indicated that the misspelling was the only error preventing her from entering the default.

 

[sandyclaus]

Questions (once again):

1. Is there a problem because I re-filed the action without first having waited until the court actually processed and filed my previously submitted "Request for Dismissal?"

YES.

2. Can I serve the Defendant with the new Summons and Complaint?

NO.

There. Your questions have been answered. Don't bother to ask me why, because this is where I get off the train.

 

[iamHankster]

I appreciate the replies

Thank you Zigner and sandyclaus for such reliable replies

Now, I realize that I ought not to have re-filed that case before the court actually processed and filed my previously submitted Request for Dismissal. Apparently, the fact that, ultimately, the dismissal date will be as of the date I submitted that request—is inconsequential where one seeks to properly time a re-filing.

So, onward forward to my second dismissal (of the same case) and $econd re-filing. (Nice!)

 

[sandyclaus]

Thank you Zigner and sandyclaus for such reliable replies

Now, I realize that I ought not to have re-filed that case before the court actually processed and filed my previously submitted Request for Dismissal. Apparently, the fact that, ultimately, the dismissal date will be as of the date I submitted that request—is inconsequential where one seeks to properly time a re-filing.

So, onward forward to my second dismissal (of the same case) and $econd re-filing. (Nice!)

Geez. You're not getting it, are you?

If you realized that you ought not have re-filed the case, then what the heck do you think you're going to accomplish by dismissing AGAIN and re-filing AGAIN?

You sure must have a lot of money to toss away with all these dismissals and re-filing fees. SMH, that's all I can say right now.

 

[Zigner]

sandy -

You're PM's are off...

 

[sandyclaus]

sandy -

You're PM's are off...

Sorry, residual from the "Ed" situation, set to only my contacts - sent you a request