What to do if I received a Summons and Complaint by regular first class mail instead of registered mail?

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What to do if I received a Summons and Complaint by regular first class mail instead of registered mail?

I received a Summons and Complaint by regular first class mail. I responded to the it after 21 days because the Summons says that if served by mail I have 28 days. When I checked MI Court Rules it mentions registered mail. Even if the Summons and Complaint was delievered by regular mail, do the 28 days in filing an answer apply?

Asked on January 25, 2011 under Bankruptcy Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Service of a Summons and Complaint (known as the "pleadings" in a case) is different in each state.  It is generally referred to as the state procedural laws.   But there is something important for you to add to your response (called an "Answer") as soon as you can here.  You need to go and ask the court to "amend" your answer to include what is known as an "affirmative defense" of "lack of personal jurisdiction because the summons and complaint were not properly served upon you."  You can generally amend a pleading within a certain number of days of serving it on the other party or filing it with the court.  In New York it is 20.  And do not "waive" proper service if you are asked.  The court will then determine the validity of the matter.  Good luck.


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