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Third Party Suit ?'s

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cw1977

Junior Member
What is the name of your state? UT

When I was sued for a debt collection, I sued the Plaintiff's attorneys in their role as debt collectors in a third-party claim. However, I received their motion to dismiss. They state that I did not give them a summons when I sent the complaint through the mail...The thing is, they're right. They also say I did not inform them I was adding them as a party. So my questions are:

1. Am I screwed?

2. Can I still send a summons form even though they accepted service?

3. Are there any legal arguments I can use?

4. Am I screwed?

5. Can I dismiss to amend, then amend my complaint so I can give proper service?

6. Is there any advice anybody could give me.
 


seniorjudge

Senior Member
Immediately dismiss your suit without prejudice, which means you can refile it.

Then refile it and do it right this time.

OR cure all the things they told you were wrong.
 

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