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Old 08-09-2007, 05:18 PM
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Join Date: Aug 2007
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Default Petition for Recission?

Hello,

We are trying to sue an individual for his dog's attack on our son. The homeowners insurance company is trying to file a petition of recission due to the owner lied about possessing dogs on the property.

My question is they are trying to serve me the petition. Should I receive it? What if I don't want to??? How will it affect our case?

Thanks,

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Old 08-10-2007, 07:48 AM
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Join Date: Nov 2006
Posts: 1,628
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Default

Quote:
Originally Posted by tjebel66 View Post
Hello,

We are trying to sue an individual for his dog's attack on our son. The homeowners insurance company is trying to file a petition of recission due to the owner lied about possessing dogs on the property.

My question is they are trying to serve me the petition. Should I receive it? What if I don't want to??? How will it affect our case?

Thanks,

I am confused. First of all, when you say you are suing, do you mean you personally, or do you mean you and your attorney? Do you have an attorney? Also, why is the DEFENDANT serving YOU with a petition of rescission, and how do you know they are, and how do you know what is in the documents if you refused to accept them? Did you name the insurance company as a party?

Generally speaking, refusal of documents never stops the inevitable from happening. People hide from process servers every day---and all it does it add to the cost of litigation. Is there a reason you DON'T want to see what is in the documents? What information is the insurance company seeking that they do not already know?

This is a relatively simple procedural question---is there a reason your attorney isn't advising you on this?
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