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Creditor wants to send me a copy of the summons and complaint they did not include in the original summons they served instead of dropping the suit.  They said dropping it and re-filing would incur more costs and it would be easier to send me the missing papers. Should I accept the papers, make them re-file or file for request of dismissal based on improper service? I want to delay court on this as long as possible since the SOL is February 2015.

Answer
Hello Mary:
Creditor wants to send me a copy of the summons and complaint they did not include in the original summons they served instead of dropping the suit.  They said dropping it and re-filing would incur more costs and it would be easier to send me the missing papers. Should I accept the papers, make them re-file or file for request of dismissal based on improper service? I want to delay court on this as long as possible since the SOL is February 2015.

Statutes of limitation in collection cases generally run from the date of the last payment or purchase until the date that the lawsuit is filed.   Accordingly, if they have indeed already filed the complaint, the limitation issue is not applicable.   
On the other hand, they may not have actually filed the complaint, but even if that were true, all that they would have to do is file the complaint and serve you in the regular way.   Thinking that you are going to be able to create a defense here by avoiding service is just not realistic.   
Also, in a very few jurisdictions (and I have no way of knowing where you are at because you did not include that information in your question), a law firm can file paperwork (called a praecipe for summons) and toll the statute of limitations.
You state, “Should I accept the papers, make them re-file or file for request of dismissal based on improper service?”
This is also not an accurate understanding -  if there is a lack of personal jurisdiction over a defendant because the defendant was not properly served, the remedy is to file a motion to quash the service -  but even if the motion is granted, the case is not dismissed.    They would just try to serve you again, this time properly.
What is important to be concerned with is the very real possibility that they will claim you were served when in fact you weren’t.   These are not honest people.    If that happens, they will wait the 20 or 30 days (whatever your jurisdiction provides) and go in and get a default judgment against you.    You could complain about that after it happened, but there is no guarantee that the judge would rule in your favor, or even believe you for that matter.   Some courts are VERY pro-creditor, irrespective of the law.
Should you cooperate with them insofar as having them send you the complaint so that you can respond?  Since graduating from law school over 30 years ago I have seen even lawyers hide in their own offices hoping to avoid service.   It gets ridiculous sometimes.   You don’t have to hide from these people -   You would be better off just dealing with the lawsuit head on.   At least then you would know exactly what they are suing you about -  you could actually see the complaint and make an appropriate response.  There is almost always something wrong with these collection complaints.   You have options that you may not have considered, but there is no way I can comment on that without knowing more about your particular fact circumstances.   

This would be easier to talk to you on the phone.   I could then explain what you could or could not do in your particular case and you could then make an informed decision as to what you can do.    If you call me on the phone I will not charge you just to talk n the phone.   You can call me anytime, including now (Friday night) or over the weekend if you like. You can call me at 915  261-3893      I am in Mountain Time Zone.  

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If you have been served with a summons and complaint, I can answer questions about what your options are and what you can expect to occur.

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