Served with incomplete Complaint

[UserABC]

What is the name of your state (only U.S. law)? Illinois

Yes, this is a different case from my other post.

I was served with a summons and verified complaint by a process server on 10-31 and given 30 days to answer or file an appearance in Cook County. I was in the process of writing the answer when I saw that a page was missing from the complaint (there are even page numbers that appear to be from the attorney faxing the complaint to the process server that show there is not a page missing from the fax but there is a page missing from the complaint).

I tried emailing the other attorney and got a response a few days later that the complaint on file at the court was complete, he now sent me the missing page.

I filed an appearance with the court (2 days late, I really stink this whole pro se stuff...) but have not filed an answer yet. Part of my issue with getting the appearance filed is that all of my accounts are frozen and I didn't realize the fee was $250. What should I be filing at this point to get the most possible time to file a response as a result of the complaint being served incomplete?

 

[quincy]

What is the name of your state (only U.S. law)? Illinois

Yes, this is a different case from my other post.

I was served with a summons and verified complaint by a process server on 10-31 and given 30 days to answer or file an appearance in Cook County. I was in the process of writing the answer when I saw that a page was missing from the complaint (there are even page numbers that appear to be from the attorney faxing the complaint to the process server that show there is not a page missing from the fax but there is a page missing from the complaint).

I tried emailing the other attorney and got a response a few days later that the complaint on file at the court was complete, he now sent me the missing page.

I filed an appearance with the court (2 days late, I really stink this whole pro se stuff...) but have not filed an answer yet. Part of my issue with getting the appearance filed is that all of my accounts are frozen and I didn't realize the fee was $250. What should I be filing at this point to get the most possible time to file a response as a result of the complaint being served incomplete?

This is a different lawsuit from the one you wrote about in your first thread? The question you are asking here is the same question (i.e, how to get an extension on the time to file) you ask in your other thread. It is best to keep all related questions to a single thread. Thanks.

 

[UserABC]

This is a different lawsuit from the one you wrote about in your first thread? The question you are asking here is the same question (i.e, how to get an extension on the time to file) you ask in your other thread. It is best to keep all related questions to a single thread. Thanks.

Thanks Quincy! Given the circumstances around these two threads to be very different I thought it warranted a separate thread because otherwise the answers would potentially be confusing.

In this thread, I have a new case, in a different county, served to me incomplete through a Process Server. The answer in this case could be to request 30 days from the time I received the missing page from the other attorney, or it could be to simply file an answer to the complaint that I was served with an incomplete complaint.

In my other thread, I have a divorce case number that has been out there 5 years. I've already been in front of the judge, a hearing date was set and I had the complete motions. I simply missed the deadline to file but was now told that I even need to file an appearance in that case.

All in all, it seems like I need different answers based on the specifics.

 

[quincy]

Thanks Quincy! Given the circumstances around these two threads to be very different I thought it warranted a separate thread because otherwise the answers would potentially be confusing.

In this thread, I have a new case, in a different county, served to me incomplete through a Process Server. The answer in this case could be to request 30 days from the time I received the missing page from the other attorney, or it could be to simply file an answer to the complaint that I was served with an incomplete complaint.

In my other thread, I have a divorce case number that has been out there 5 years. I've already been in front of the judge, a hearing date was set and I had the complete motions. I simply missed the deadline to file but was now told that I even need to file an appearance in that case.

All in all, it seems like I need different answers based on the specifics.

Here is the link I gave you in your other thread, to the Illinois Civil Practice Manual, offered by Illinois Legal Aid Online: https://www.illinoislegalaid.org/legal-information/civil-practice-lawyer-manual

The answers to the questions you have on the rules and procedures of the court can be found by reading through the applicable sections of the manual. Click on the appropriate links you run across.

I understand that your cases are different but the questions in both of your threads center on the process of a lawsuit and not on the specifics of the suits, hence my advice to keep all questions to a single thread. If, however, you believe you will be needing the two separate threads for the different issues that come up in the separate suits, it should not be a problem for the forum volunteers. Try not to ask the same question in both threads, though. Asking once is enough.


Here is a link to UserABC's other recent thread: https://forum.freeadvice.com/civil-litigation-46/i-missed-deadline-file-answer-what-now-630217.html