Can a case be dismissed if a corporation doesn’t serve you within 30 days?

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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 10 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.

 


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