[sigmundf]

I have a motion of a summary judgment in civil court
It ia from a car leasing company that took away my car in middle of the night
I only found out in the morning that my car was taken away
In the original court papers the certificate of service says that they gave it to
Somebody on my block with a certain name, but, there is no such name on my block,
And I can show that in court , they have now telephone numbers by street and there
Is no shuch name living on my block/street
2. this company that supposedly served me the papers have been sued in my state
By Attorney General for gutter service (the legal terminology for not serving papers)
Please let me know how to reply to this motion of summary judgment
Thanks
sigmundf

[ScottGem]

You file a motion in the court that issued the judgment to vacate the judgment on the grounds of improper service. You should be able to get the forms form the court.

But this is only a delaying tactic. Did you default on the car loan?

[sigmundf]

You file a motion in the court that issued the judgment to vacate the judgment on the grounds of improper service. You should be able to get the forms form the court.

But this is only a delaying tactic. Did you default on the car loan?

No, I did not default on this loan Scott car was seized only due
To not paying in time
Can the case not be thrown out of court
Because I was never served ?
Plaese advise Scott
Thanks
sigmundf

[ScottGem]

Um, defaulting on a loan means you did not pay on time.

And no, faulty service does not get the case dismissed. What may happen is the judgment may be vacated. But in that case, they will serve you as you leave the courthouse. So, unless you have an affirmative defense that will get the case dismissed, then they will get a new judgment.

[sigmundf]

The Honorable Scott,
If he serves me again
Now as I leave,
Would the statue limitations not apply ?
Since by now it is around 9 years ?

Please advise,
Thanks
sigmundf

[ScottGem]

Nope, SOL stops running the day the lawsuit was ORIGINALLY filed.

[sigmundf]

The honorable Scott,

You replied

" Nope, SOL stops running the day the lawsuit was ORIGINALLY filed. "

The lawsuit was filed December 2002
Now it is August 2010

Now,

If he serves me again
Now as I leave,
Would the statue limitations not apply ?
Since by now it is around 9 years ?

Please advise,
Thanks
sigmundf

[ScottGem]

First, please don't start a new thread for a follow-up question. Use the Answer This Question options.

Second, it doesn't matter how long ago the original lawsuit was filed. If you get the judgment vacated because of improper service, that does NOT dismiss the suit. It just means that the plaintiff has to serve you properly, but the SOL stopped running when the original case was filed.

[sigmundf]

So can he serve me now again,
And it would not be past my statue of limitations if he seves me now,
Since judgment was vacated because of improper service,
Does that not mean he never served me, if it was gutter service
And now it is past SOL ?
If not please explain why ?
Since case was in 2001 or 2002 ?
sigmundf

[sigmundf]

So can he serve me now again,
And it would not be past my statue of limitations if he seves me now,
Since judgment was vacated because of improper service,
Does that not mean he never served me, if it was gutter service
And now it is past SOL ?
If not please explain why ?
Since case was in 2001 or 2002 ?
sigmundf

[sigmundf]

The honorable Scott,

You replied

" Nope, SOL stops running the day the lawsuit was ORIGINALLY filed. "

So can he serve me now again,
And it would not be past my statue of limitations if he seves me now,
Since judgment was vacated because of improper service,
Does that not mean he never served me, if it was gutter service
And now it is past SOL ?
If not please explain why ?
Since case was in 2001 or 2002 ?
Thanks

sigmundf

[sigmundf]

The honorable Scott,

You replied

" Nope, SOL stops running the day the lawsuit was ORIGINALLY filed. "

So can he serve me now again,
As I leave ?
And it would not be past my statue of limitations if he seves me now,
Since judgment was vacated because of improper service,
Does that not mean he never served me, if it was gutter service
And now it is past SOL ?
If not please explain why ?
Since case was in 2001 or 2002 ?
Thanks so much Scott, you are saving me

sigmundf

[ScottGem]

I have explained this. Vacating the judgment does not dismiss the suit. Once the suit was filed (2001 for instance) the SOL stops right there. The SOL refers to the time frame in which they need to INITIATE legal action. So, as long as the suit was originally filed within the SOL, the SOL stops running. It doesn't matter that the JUDGMENT was vacate, the suit is still active based on the original date of filing. SOL no longer applies.

[sigmundf]

So can he serve me now again,
And it would not be past my statue of limitations if he seves me now,
Since judgment was vacated because of improper service,
Does that not mean he never served me, if it was gutter service
And now it is past SOL ?
If not please explain why ?
Since case was in 2001 or 2002 ?
sigmundf

[ScottGem]

I have explained this several different times in different ways. I'm at a loss how to make you understand.

The SOL refers to the time frame he has to INITIATE legal action. Legal action was initiated within the SOL, so it NO LONGER applies. Forget the SOL it does not apply. Even if you can't understand why take my word for it.

You are entitled to your day in court. So if you were not served properly and a default judgment was entered because you were not served properly, you may be able to vacate the judgment. This does not mean the case was dismissed. It simply means that you have to go to court again to rehear the case.