If I file a lawsuit to beat the statute of limitations, how soon after it’s filed does the defendant have to be served?

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If I file a lawsuit to beat the statute of limitations, how soon after it’s filed does the defendant have to be served?

Asked on February 13, 2013 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In CA, the defendant has to be served within 60 days of filing the lawsuit.  File the proof of service with the court and also a Certificate of Service (court form).  Check the local rules for your county to see whether a Certificate of Service or some other document is required to be filed with the court within 60 days of filing the complaint regarding the defendant being served as these rules may vary from one county to another.  The court clerk can provide you with this information.  If you don't comply with the local rules, you could be subject to sanctions (fines) imposed by the judge.


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