MsProSe

[ProseBoo]

I have an issue. I am a pro se litigant, as I cannot afford to hire an attorney. Everything was going well, until 2 of the 5 defendants could not be located. It took me several months to locate them, as they were trying to evade it. Once I located them, I sent by certified mail, their copies of the court complaint. I realized weeks later that I had not served them properly, in that I forgot the summons. I was in the process of doing that when I was notified that they answered the complaint, including as one of their affirmative defenses that they were not properly served.

I am wondering how I can remedy this situation, so that the case is not thrown out of court for this blunder. My brain has not worked correctly, since my hospitalization for meningitis last year. WHen I filed the original complaint, I made other errors, that I believe can be fixed with an ammendment, but the not serving them properly seems to be the biggest issue that I do not know how to fix.

Can I go ahead and send proper service to their attorney?

HELP!!!!!

 

[army judge]

Your answers can be found within your state's rules of civil procedure.

Off you go:

http://civilprocedure.uslegal.com/r...procedure/tennessee-rules-of-civil-procedure/

More stuff:

http://gs4.shelbycountytn.gov/

http://www.hamiltontn.gov/courts/Sessions/SessionsCivil.aspx

http://www.dayontorts.com/cat-civil-procedure.html

 

[ProseBoo]

I've looked but still am unsure if I can still send it correctly, now that they have answered the complaint.

 

[Betty3]

You might want to get a lawyer's help then. You might be able to get a free or low cost lawyer from your local legal aid society or local law school if you have one in the area.

 

[ProseBoo]

Unfortunately, over the last few months I have reached out to legal aid, went to clinics and called a LOT of attorneys for help. I am low income and have no money. I can find no help, which is why I am reaching out here.

Had the defendants not answered the complaint, not properly served, I could have just gone ahead and served it again, with the summons. I can find nothing about what to do after they answer. I don't want this thrown out for such a small thing, but don't know how to proceed. I'm willing to hear what other states do in this situation, maybe I can find something from that. Thanks! It's getting really depressing for me that I can find no help in my situation and I'm going up against 2 different attorneys who are intimidating and making threats to me and really stressing me out. I lost a lot of money in the purchase of this spider trap house and I deserve a fair shot at justice, but don't feel like it will ever be fair if I have to litigate this case by myself.

 

[mightymoose]

You likely need to have your scheduled hearing date pushed back so you can provide proper notice with adequate time.

 

[ProseBoo]

Luckily, there is no hearing date set, yet. I'm gonna go ahead and send the summons and complaint and see what happens. Since I can't seem to find the answer, it can't hurt! Thank you!!!!!!!