motion to dismiss

When I filed my small claim, I recorded the wrong address of the defendant. And so the court documents were delivered to the wrong address. THe defendant has filed a motion to dismiss the case, stating the following:
 The Complaint should be dismissed because service was not made upon in accordance with Rule 3-12 (a) governing in personam service on the Defendant,

 Request the court dismiss the case, with prejudice and without leave to amend

What does this mean, and what recourse do I have? I have been holding on to this for about a week now, without knowing what to do, so any quick advice that you can provide would be helpful.

Thanks.

Question? Should I expect to see a reply to my question about Motion to dismiss. That is what I was hoping this site would help me with. It has been a couple days since I posted my question. It indicates 18 reviews, however I do not see my much needed response. Should I?

It would mean that it is dismissed and you cannot file again.

That will not be granted, but it likely will be dismissed (and you can file again) or you will be given a chance to serve it again correctly.

Thank so much for the response. Should I wait for the court decision or be proactive and go ahead and file again with the correct address?

If given the opportunity to file again, am I required to state exactly the same info, verbatim, or do I have flexibility. Because, in retrospect, I think I could have better stated my case.

This sight is great, thanks much. I have made severl referrals to the sight also.

You can change what you file.

basically it is like starting over if the original case is dismissed

It has been about four weeks now since I received the the court documents of the defendent requesting that the Judge dismiss the case. Have not received the Judge's decision yet.

Should I wait for the Judge's decision, or be proactive and go ahead and re-file my claim, of course this time, with the correct address?

Thanks much.

[able1]

You may want to call the clerk of the court and and ask what is happening firstly.

I refiled and again received a letter from District Court indicating that it was dismissed. The strange thing about the dismissals are that each were form letters, that were not filled out (not dismissal date) and no judge signature.

At this point, I am ready to discuss this with an attorney. I refuse to pay this parking ticket that was issued in 2005, and I never received any notification about the ticket until 2008, when the penalty accumulated to over $500.00. Is there legal assistance available for this. Please help.

[able1]

World Law's lawyers could also probably intervene and help resolve this if need be. You may email them on the home page.