Fill and Sign the Mississippi Process 497314656 Form

IN THE CHANCERY COURT OF THE       JUDICIAL DISTRICT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. NO.             DEFENDANTS MOTION TO DISMISS FOR INSUFFICIENCY OF SERVICE OF PROCESS COMES NOW       , appearing especially for the purpose of contesting the alleged service of process on it, and, without waiving any other objections and defenses which it has, moves the Court to dismiss this action, pursuant to Mississippi Rules of Civil Procedure 12(b) (5), on the ground that       has not been properly served so as to be made a party to this action. In support thereof,       would show unto the Court the following: 1. Plaintiff filed the Complaint in this action on or about             ,       and listed       as one of the Defendants. 2. As alleged in the Complaint, the registered agent of       is       (“       ”),       , Mississippi 3. On or about             ,       , a process server, believed to be employed by Plaintiff, delivered a copy of the Summons and Complaint filed in this action to       ("       "), the secretary of       .       was not on the premises at the time service was attempted and the Complaint and Summons were never personally served on       by said process server.       is not an officer, managing or general agent of       and is not otherwise authorized to accept - 1 - service of process on behalf of       . A copy of an Affidavit of       is incorporated herein by reference. 4. Delivery of the Complaint and Summons to       does not comport with the requirements of Rule 4 of the Mississippi Rules and Civil Procedure and does not constitute service of process on       . WHEREFORE, PREMISES CONSIDERED,       moves the Court to dismiss the present action as to       and that Plaintiff be liable for all costs of court incurred herein. DATED, this the       day of       ,       . Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for       - 2 - CERTIFICATE OF SERVICE I,       , do hereby certify that I have this day mailed via United States Mail, postage fully prepaid, and transmitted via facsimile no.       , a true and correct copy of the above and foregoing document to       ,       , MS, attorney for Plaintiff. DATED, this the       day of       , 20       . __________________________________       - 3 -