Since you've started a new thread and I'm Dumb Bob, I can't really remeber exactly what you were asking about, but you might consider the following: READ YOUR COURT RULES. In some small claims courts, they will set it for triial soon. In higher courts, they could do discovery. They could do nothing for a while. You probably would be best served by doing as much as you can to figure out what the rules are, what your defenses are, stuff like that.
The summons should have the court date listed. Did you file affirmative defenses? The summons had no court date, no date of when it was prepared,no court address,no court stamp,seal or official signature.It had an index number.Summons/complaint came regular mail,i was never served in person.Thats the way the court system operates here in new york i guess. My affirmative defense stated 1.Plaintiff failed to allege ultimate facts to establish existence of a contract. 2.Defendents only notice of the summons/complaint was delivered by regular mail postmarked january xx 2008 Defendant motions to the court that the above indexed summons/complaint be vacated.
You guess? You don't say which NY court, but the above URL seems to suggest that at least courts that it refers to tell you what the court is and its address in summons. But you should check to see what the rules are for the actual court that you are being sued in. There's nothing less fun that being right but about the wrong court. Do the rules allow you to make motions out of your answer like that?
They say when you answer pro se the courts are not as strict.Number 2 is suppose to mean not proper service defense.The reason i put this under affirmative defense was to cover my butt on the reason i answered the summons on the date i did.Since there was no date when the summons/complaint was prepared.So what should happen next?Will i be notified by the court as to the trial date. I can't believe a legal document such as a summons has no court address,seal or stamp or official signature.No date when the summons was prepared.It was sent by regular mail.If it were not for the heading Supreme court of the state of new york in the county of erie and an index number noted,one would think this piece of paper is a fake.Like i said in my past post no wonder ca's get default judgments.A parking ticket looks more official.
I filed an answer and after my affirmative defense i also asked the court to vacate the summons/complaint
I think that it's "vacate" a "judgment" and "dismiss" a "complaint". Are you sure you aren't supposed to file a motion to do these things? Does a judge even read the answer? Is this small claims or regular court?
In federal court, I think it is covered under rule 12(b), which has limitations as to how it is used:
You cannot vacate a "Complaint." You can only vacate a matter which has been reduced to judgment. The proper motion would have been to dismiss under some fashion of 12b. Answering the Complaint however, was a good start.
This is all new to me so i expect to make mistakes.This board has given me a lot of information i never knew before.AS they say knowledge is power.
True enough and I didn't mean to come off as a jerk if I in fact did. You're learning as you go and that is all anyone can expect.
