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Can I file motion to dismiss for not being served in time?
Anonymous7 views4 answers
While checking the status of my traffic ticket on state of Maryland website, I saw a tort claim against me in the amount of $25,000 filed at Montgomery County District Court by a person whom I do not know. Since the lawyer sent the law suit to my previous address where I resided three years ago I did not receive or able to see the detail. In general, the online claim says “Introduction of Dental, Medical and health Record” which I assumed a personal injury case. Though the plaintiff renewed or updated my correct address few days ago, still I did not receive the law suit as of today. As the result, there are less than 60 days left for the scheduled hearing. My understanding is that in such cases the law states defendant must be served not less than 60 days before hearing. Do you think I can file motion to dismiss based on no service in due time? Is it okay to walk into the court house, get the copy of the suit? In general, what is the best option or legal loop to kill the case and save myself from such economic destruction?
Scott R. ScherrCar / Auto Accident LawyerLutherville, MD ·
No, the trial date will be postponed once you are served in most cases. Even if it is not poisoned, the Plaintiff can get a postponement. The 10-104 notice must be filed and served on you 60 days before the court date, but simply allows for the medical records and bills to come into evidence without expert testimony. It does not result in a dismissal of the case if it is not timely filed.
If it is a matter governed by insurance, notify your insurance company when you are served and they will hire an attorney to defend the case. If you do not have insurance, consult with an attorney.
You can go to the courthouse and get a copy of the Complaint.
You need to be served and the case should not proceed without that happening. However, it does happen that a lawyer or other person convinces the court you have been served when you have not, in which case the matter might go forward without you knowing. If this was a car accident and you had insurance, they should hire a lawyer to defend you. If not you should see one yourself
If you had liability insurance coverage on your automobile at the time of the accident, then you must notify your insurance company right away. They will doo everything necessary to defend the case, including hiring an attorney for you and filing all necessary papers and pleadings. If you do anything to compromise your insurance company's defense of this claim, they may decline you coverage as a breach of your insurance contract with them. If you were uninsured then consult counsel immediately.
Most certainly you should go to the courthouse and get a copy of the case to see what is going on. Then you should immediately consult an attorney. You sound like you may be headed for a default against you.
