Need HELP...Atty filed Motion to Quash service and for sanctions

JayinGR · 08-30-2006, 09:27 PM

Ok I sued a CA in State Court which I normally do not do but I wanted to save some money.

I served them VIA CMRRR to their registered agent who is the owner. The person at the front desk signed for the summons VIA CMRRR...Now they are trying to quash my service because according to

MCR. 2.105(d) Service process on a domestic or foreign corporation may be made by (1) serving a summons and copy of the complaint ON AN OFFICER OR REGISTERED AGENT; (2) serving a summons and copy of the commplaint ON A DIRECTOR,TRUSTEE, OR PERSON IN CHARGE OF AN OFFICE OR BUSINESS ESTABLISHMENT OF THE CORPORATION and sending a summons and a copy of the complaint my registered mail, addressed to the principal office of the corporation; (emphasis added)..this is how they word it in the motion...

Now on proof of service sheet it clearly states that service can be made by certified mail

It states that (have to check one box)

I served by registered or certified mail (copy of return receipt attatched) a copy of the summons and complaint..

So why does it say this on the service sheet but then I these rules state this? They are correct on the rule...

But if the ENVELOPE SAID SPECIFICALLY C/O OWNER (who is RA) then why should I be sanctioned because their employee signed for it...

What they also dont realize is that if my case gets dismissed and I get sanctioned I will just file in Federal

Help me with this please...I am not used ot state...any case law out there?

hannah · 08-30-2006, 09:33 PM

Did you serve both the RA who is the owner and send CMRRR to the corporation's headquarters?

JayinGR · 08-30-2006, 09:42 PM

I served only the RA to the corp which is what was stated on the states website for RA...

I mean below

RA (owner)
Copr addy (ca ddy same)

This was on the states website for their RA

hannah · 08-30-2006, 09:56 PM

Quote:

Originally Posted by JayinGR

I served only the RA to the corp which is what was stated on the states website for RA...

I mean below

RA (owner)
Copr addy (ca ddy same)

This was on the states website for their RA

According to what you quoted, you may have needed to serve it both ways. It's simple to correct. Withdraw your suit and then refile and serve it properly. No biggie. I doubt you would be sanctioned anyhow. It's just big, bad attorney trying to scare a pro se.

JayinGR · 08-30-2006, 10:00 PM

Can I withdraw my suit while this motion is pending? If I can I will type that up tonight and then go file in Federal

FixinThings · 08-30-2006, 10:04 PM

Quote:

Originally Posted by JayinGR

....go file in Federal

Might not be the worst thing to have happen.

roybean · 08-30-2006, 10:09 PM

That's right. Go file in federal and give them a good slappin down! I am staeting to really dislike attorneys and all the crap they try to pull.

JayinGR · 08-30-2006, 10:14 PM

So how would I go about filing a motion to withdraw the case? And can this be done while we are waiting on their motion to be heard

ETA they state in their brief that that have no knowledge of the case at hand because they have not been served yet...

Well then who the hell called the court house to see when the answer was due?

And if you dont know about this case you friggen moron then how did you know to file a Motion and know the case number??

hannah · 08-30-2006, 10:15 PM

Quote:

Originally Posted by JayinGR

Can I withdraw my suit while this motion is pending? If I can I will type that up tonight and then go file in Federal

You will need to check your RCP's for the correct procedure for withdrawing a suit. Don't see why you can't go ahead and withdraw tomorrow and file in Federal tomorrow as long as your RCP's allow it.

roybean · 08-30-2006, 10:15 PM

I have a question; YOU served them personally?

hannah · 08-30-2006, 10:18 PM

Quote:

Originally Posted by JayinGR

So how would I go about filing a motion to withdraw the case? And can this be done while we are waiting on their motion to be heard

ETA they state in their brief that that have no knowledge of the case at hand because they have not been served yet...

Well then who the hell called the court house to see when the answer was due?

And if you dont know about this case you friggen moron then how did you know to file a Motion and know the case number??

Again, check your RCP's. If you still cannot figure out how to withdraw, call the court clerk tomorrow. This is procedural not law advice so the clerk can answer your question. Don't worry. It's a scare tactic nothing more on the part of the attorney. Chill. Drink a

.

JayinGR · 08-30-2006, 10:19 PM

I sent the summons to the CA who is in MI attention owner who is RA....the guy at the front desk signed for it.

Its amazing they have no problem accepting my DV letters sent directly to the Ca attention RA but these bastards are pulling this crapt...

On top of it I requested my medical records over three weeks ago because I caught them in a billing no no and they wont send them to me

hannah · 08-30-2006, 10:28 PM

Quote:

Originally Posted by JayinGR

I sent the summons to the CA who is in MI attention owner who is RA....the guy at the front desk signed for it.

Its amazing they have no problem accepting my DV letters sent directly to the Ca attention RA but these bastards are pulling this crapt...

On top of it I requested my medical records over three weeks ago because I caught them in a billing no no and they wont send them to me

Read again your first post on this thread. You did not serve the summons and complaint properly. A DV letter is not service of process. Calm down. This can be fixed but not tonight.

JayinGR · 08-30-2006, 10:42 PM

Ok I got a

relaxing now....gonna look over the RCP...

hannah · 08-30-2006, 10:44 PM

Quote:

Originally Posted by JayinGR

Ok I got a

relaxing now....gonna look over the RCP...

Good. There's absolutely no reason to get way upset over something you cannot fix tonight. The courthouse is closed.

JayinGR · 08-30-2006, 10:56 PM

Ahhh HA I think I found it...

In their brief they state upon information and belief a court action was filed....but

They name themselves as defendants in this action (in the motion)

But according to MCR 2.105(J)3.....An action shall not be dismissed for improper service of process unless the service failed to inform the defendant of the action within the time provided in these rules for service..

Well the obviously have known about the case as it has not even been 28 days yet....They have 90 before the summons expires

hannah · 08-30-2006, 10:59 PM

Quote:

Originally Posted by JayinGR

Ahhh HA I think I found it...
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