For example, some states have a rule that service of process a summons or notice and a complaint cannot be performed on a Sunday. Most states' rules are very similar, but some states have particular quirks in some of their service of process rules that are different from most states. Even the Federal Rules of Civil Procedure have their own service of process rules that cover federal lawsuits. Service of Process RulesĮvery state has their own rules regarding how legal papers, including new lawsuits, are to be served upon a defendant or an opposing party. But this can be avoided by using an experienced professional service of process agency who understands the rules and can get the job done correctly and on time. However, the worst case scenario is that if the defendant is successful with their motion to dismiss and the statute of limitations has run, then the summons and complaint cannot be refiled and the client is out of luck, all because the legal professional did not understand the rules. If this happens, and the defendant is successful, then the plaintiff has to start all over again with re-filing the summons and complaint, costing the client more time and money. If service of process is not done properly, then the defendant can file what is called a Motion to Dismiss for Insufficient Service of Process. If a legal professional such as a lawyer or paralegal does not understand the service of process rules in their state (or the rules of service to out of state defendants) then mistakes could happen and jeopardize the lawsuit. If you need a summons and complaint or some other legal papers served on time and correctly, your best course of action is to hire a professional process server. One of the main arguments for using a professional service of process agency to serve your legal papers is that mistakes do not happen.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |