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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I just found out by a co defendants lawyer that the service

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I just found out by a co defendants lawyer that the service of the original summons was invalid due to the fact it was past 120 days from the original filing date and the plaintiffs lawyer did not file a motion to extend time to serve the summons. What exactly does this mean for me as a defendant? And what does it mean for the plaintiff?
Hi,

Thank you for your question.

What it means depends on whether you answered the lawsuit anyway, despite the lateness of the summons. Did you?
Customer: replied 3 years ago.
Yes I answered it and filed a motion to extend time to file an answer, and when I did that I filed an answer at the same time. I have a bad feeling about this next response...tell me did I step in it?
I think you know where this is going.

The answer that you filed waived the objection you could have made to the the summons.

There's not really anyway you can use this to your advantage at this point unfortunately.

Let me know if you need any further information.
Customer: replied 3 years ago.
so if I hadn't done anything, I could have just
walked away scott free?
Not necessarily. It depends on when the statute of limitations ran in your suit. So, if the plaintiff never properly served you within the statute of limitations, and then eventually did serve you, you could raise this as an absolute defense in the case. Then you would be able to walk away.

If there was no danger of the statute of limitations running in your case, the plaintiff would have simply gone back to the court and asked for a new summons to be issued so that they could serve you during its valid period.

TexLaw and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thanks a lot
Sorry it wasn't better news. Please let me know if you have any further questions.

-ZDN
Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
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