I was served a notice to quit over 30 days ago and subsequently a summons and complaint on Oct 20 but it's not showing

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Customer: Hi I was served a notice to quit over 30 days ago and subsequently a summons and complaint on Oct 20 but it's not showing up as a searchable case online and when I last spoke to the courthouse they had no record. Can you please share your thoughts as to what might be going on.
Answered by Stephen L in 1 min 1 year ago
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Stephen L
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Stephen L, Expert

Hello and welcome to the JustAnswer Legal Page! This service is the preeminent online service for information regarding your legal issues. Your question is very important to me so thank you for using our service. My name is***** an attorney here at JustAnswer, I received your question and I reviewed it.

  • If I understand correctly, you are asking about an eviction matter.

I am sorry you are dealing with this problem and I will try to help you.

Is there anything else additional, different or supplemental that I need to know about so that I can provide you with a full and complete answer to your question?

Customer
No not right now
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Stephen L, Expert

Thank you for providing additional information.

This sounds extremely frustrating and stressful but there are potential options.

Please give me a few minutes to prepare an answer to your question and I will get back to you shortly.

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Stephen L, Expert

My guess is that the summons was either never filed with the court or alternatively was procedurally deficient and dismissed.

Either way, if the court does not have a record of it, your landlord cannot evict you without starting over again and following the procedural obligations of the court so without a court record there is no obligation for you to leave presently, even with the 30-day notice.

Thank you for using JustAnswer. I hope that this response gives you guidance as to how you can proceed. If you have any additional questions, on this subject, please feel free to let me know.  I wish you well.

Customer
Really? I didnt realize that. Yes its All a bit strange, but what bothers me is I receive no response from the marshal either. It's like they are trying to leave me in limbo. When I s p.o ke to the court she still recommended getting a response in thoughts?
Customer
Also why might the summons be rejected or notice to quit?
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Stephen L, Expert

There is no harm in putting in a response.  It protects your rights.  As for the marshal, they are not allowed to comment about legal proceedings.

As for your second question, the most typical reason a document would be rejected is because it is procedurally defective or fails to conform to the court's rules. Which is common for proceedings that are filed by litigants who are not using lawyers for their legal pleadings.

Customer
This is a five name form but I think they did get the whole notice to quit, summons and complaint wrong..
Customer
Firm
Customer
Can I just move to dismiss this?
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Stephen L, Expert

If it is all in error, or wrong then yes, you can make a motion to dismiss.

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