Q: Okay so I’m getting “sued” for not paying somebody the payments we agreed on for his car , but there’s nothing in
Okay so I’m getting “sued” for not paying somebody the payments we agreed on for his car , but There’s nothing in writing, no contract or anything. I paid him $1200 in total and still “owe” him about 4000 more and he claimed that I owe him more than $5000. In the papers to serve me it states nobody in the case is able to serve the papers to the defendant. But the guy who is suing me is the one who served the papers to my mom , and in the proof of service he lied and said that the wife is the one who served the papers. What can I do in this case ? Is there any way the case can get dismissed because he improperly served the papers ?
A: Even if there is nothing in writing between the seller of the car and you, you still have entered into an implied contract to purchase the car and make the payments which you promised. Even if the service of the complaint was defective, you will still need to file a responsive pleading within the time specified in the summons. It is unlikely that you will get the complaint dismissed because of the defective service. Even if you are able to quash the service of the summons and complaint, the court will get the plaintiff another opportunity to get you properly served. In most cases it is not even worth while fighting the service, because obviously you have gotten the summons and complaint and are aware of it. I suggest you do what you can to negotiate a reasonable settlement.
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