QUESTION
Sued but never served: What should I do?
Asked on Nov 02nd, 2013 on Civil Litigation - New York
More details to this question:
I was named as a defendant in civil court, but was never served. I found out about the case indirectly after the time for answering the summons was served, The case concerns property I own in New York, but I live in an another state. Can I still file a motion to dismiss for lack of service? If not, what should I do? What deadlines for response now apply to me?
1 ANSWER
1 Award
If you have not been served then you do not have to do anything even if you are listed as a party. You should follow the case to make sure that they do not submit an affidavit claiming that they served you.
Answered on Nov 03rd, 2013 at 11:17 AM