Don't do a continuance...

Posted by dixiedrifter (69.21.62.189) on May 17, 2004 at 21:32:12:

In Reply to: mcm(judgement) posted by need help fast on May 17, 2004 at 19:39:09:

If the summons was served at your parents address, then it probably was not valid.

Check your states rules of civil procedure concerning service of summons.

If it is indeed not valid service, then DO NOTHING at this point.

Wait till they get their default judgment, then promptly motion to vacate based on improper service.

If you do it correctly, MCM will then have to re-serve you then you can file an answer asserting your affirmative defenses.

If you go ahead and motion for a continuance now, you could potentially screw yourself because basicially your admitting that you were indeed served, then you wouldn't have an answer, and your defenses would be estopped.

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