When can I ask for the suit to be dismissed based upon improper service?
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When can I ask for the suit to be dismissed based upon improper service?
I own a small motel. I have recently been serve a summons and complaint for a cease and desist lawsuit filed by AAA in US District Court. The papers were served upon someone working at my home, not me and not a resident of my home.
Asked on June 2, 2013 under Business Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, a suit can be dismissed for improper service, but it is only a "dismissal without prejudice"--that is, the party suing you can simply re-file the suit and re-serve you. Also, generally leaving papers with an adult of suitable discretion at a residence would be good service, so if service was accepted by someone working at your home, it probably was valid.
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