How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

I am a pro se plaintiff as I dismissed my lawyer due to what

This answer was rated:

I am a pro se plaintiff as I dismissed my lawyer due to what I will call constructive fraud among other things. I have a question that needs to be answered with the applicable laws and federal rules. I am opposing a motion for summary judgment. I must do this by August 17. I sought advice from Suffolk County attorney. He told me what to write on my first complaint and he scheduled an appointment at his office on March 26 2012and asked me to bring in $350 dollars and to file it with the eastern district court. He told me that I did not have to serve it on the defendants as he would amend my complaint which he did and he served the amended complaint on the defendants on June 19 2012. At this time, the defendants are seeking to dismiss the case based on failure to serve the first summons and complaint and based on the amended complaint not containing triable issues. Does rule 4(m) apply here? Is there a way that this can be remedied?

I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 3 years ago.

I am still awaiting a response from an expert. Thank you.

Hello,

Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.
Dear Customer,

Rule 4 does apply. If the Defendants were not served with both the summons and original complaint within 120 days you may do one of two things:

1) dismiss the case without prejudice (ensure the dismissal is without prejudice), and file a new lawsuit. Then serve the defendants with a new summons and complaint.

2) Petition the court in a motion to allow you to serve the defendants after the 120 days has passed showing "good cause" as to why you did not serve in the allotted time. Rule 4(m) allows for this exception. You can point to the fact that the Defendants have appeared in the action to oppose the service if it is helpful to your motion.

I cannot advise you as to your case, but I will note, if you are running up against the statute of limitations, be very careful. If you dismiss your case and refile, and your statute of limitations has run prior to the date of your new case, you will lose based on the necessity to refile. (if this is the case, include it in your motion under option 2).

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience: Civil litigation attorney for individuals and businesses.
CalAttorney2 and 15 other Legal Specialists are ready to help you