In MA, does filing a responsive pleading in a case submit to jurisdiction/service?

Business 8 views 2 answers
I am in a case where the defendant claims they do not have a regular place of business where I know they do, and they are challenging service made at that address. They have just personally/pro se filed a responsive pleading in the case though, challenging service?! Im sure there has to be case law that states if one files a responsive pleading in a case that they are by the same pleading accepting service/sunmitting to jurisdiction. And no, they did not even file a limited appearance to file their responsive pleading. Please point to case law if possible.

Attorney Answers

2
William Driscoll ·
You seek legal advice on an issue where the answer can turn on slight variance in the facts. Hire an attorney to review all of the facts so as to properly opine on what you perceive to be the issue (and any others that may be present).
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Brian Lipkin ·
I agree with the other lawyer that this is a fact-specific question. But in general, to point you in the right direction: 1. Under Mass. R. Civ. P. 12(b)(5), insufficient service of process is an affirmative defense that the defendant must plead in response to the complaint. 2. It sounds like your case may involve a corporate defendant that is not represented by a lawyer. Under Varney Enterprises, Inc. v. WMF, Inc., 402 Mass. 79 (1988): "except for small claim matters, a corporation may not be represented in judicial proceedings by a corporate officer who is not an attorney licensed to practice law in the Commonwealth." 3. You may want to confirm whether service was made on the registered agent, as shown on the Secretary of State's website. Good luck, and if this case is important to you, review it with a lawyer.
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