Can a case be dismissed if a corporation doesn’t serve you within 30 days?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a case be dismissed if a corporation doesn’t serve you within 30 days?
I have a question about the time-frame in which a corporation can serve you papers. I was told that a company has to serve you within 30 days but I was served on the 31st day. I went to court and the Judge had asked to resolve it outside the court room until we had come to an agreement. I didn’t know any better and I agreed with the attorney that I would make a monthly payment of $150. After we went back in the judge dismissed us and the attorney told me if had fought it saying I wasn’t served within the given time frame I would have won the case and wouldn’t have had to pay. Is this true?
Asked on July 14, 2011 under Bankruptcy Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Typically in most States there are local rules for a plaintiff regardless if a person or a corporation to get the defendant (person who is sued) served with the summons and complaint in a certain amount of time because the court system wants to move cases forward and not have them sit idle.
The local rules regarding time to serve the summons and complaint deal with the possibilty of sanctions to be issued to plaintiff's attorney for not trying to move a case quickly and ordinarily do not result in the outright dismissal of a case against the defendant if the summons and complaint are not served upon her or him within thirty days of filing the lawsuit.
The court can dismiss a lawsuit if years (three plus years) go by and the defendant is not served with the summons and complaint, but that is much longer than a thirty day period.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.