Defendant in cross complaint asks Judge to Dismiss Cross Complaint

[cptndob]

Hello Everyone, I filed a cross complaint with a response to a civil complaint. I also included the copy of the "Proof of Service" of the entire paperwork in the paperwork as an Exhibit. I filed the entire Complaint with an Affirmative Response with Exhibits and the Cross Complaint at the same time to the clerk and mailed the exact copy to the Plaintiff of the original complaint. Now the defendant is asking the Court for a Dismissal because they said that I did not serve the Cross Complaint papers properly. I guess that the copy that the plaintiff of the Complaint received didn't have the Clerk's stamp on it because you have to serve the opposite party first before you submit to the court. So does that mean that I send another stamped copy of the Cross Complaint to the Plaintiff and then fill out another Proof of Service? The Judge is requesting a "Cause of Action" for the Case Management Conference. What went wrong? THANK YOU

 

[army judge]

Hello Everyone, I filed a cross complaint with a response to a civil complaint. I also included the copy of the "Proof of Service" of the entire paperwork in the paperwork as an Exhibit. I filed the entire Complaint with an Affirmative Response with Exhibits and the Cross Complaint at the same time to the clerk and mailed the exact copy to the Plaintiff of the original complaint. Now the defendant is asking the Court for a Dismissal because they said that I did not serve the Cross Complaint papers properly. I guess that the copy that the plaintiff of the Complaint received didn't have the Clerk's stamp on it because you have to serve the opposite party first before you submit to the court. So does that mean that I send another stamped copy of the Cross Complaint to the Plaintiff and then fill out another Proof of Service? The Judge is requesting a "Cause of Action" for the Case Management Conference. What went wrong? THANK YOU

I prefer to use law enforcement to serve anyone.

That way, you know the party is properly served.

Yeah, it costs more, but it avoids any problems.

If a case is worth trying, its worth paying to get it to trial.

 

[cptndob]

No argument on that one Judge, only I have had more people run and hide when the Sheriff comes. Everybody knows it's always bad news. One time I have had to pay a Process Server to hide in the bushes to catch a snake so he would have to show up for the OEX. Either way, thanks, and I will pay for the Sheriff on this one.