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Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 1076
Experience:  Licensed attorney helping individuals and businesses.
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Attorney Lucy and other attorneys as well, thanks for

Customer Question

Attorney Lucy and other attorneys as well, thanks for responding to my questions. I just wanted to clarify whether you think it is okay if I submit proofs of service to the court just to meet the deadline. And if the defendant doesn't respond, I could
ask a process server to serve process again and then file corrected proof of service? However, do you think the court is likely to accept corrected proof of service when extension of time to serve process wasnt initially sought? How about if the defendant
immediately responds and alleges defective service and says he/she only found out from people rumoring about a lawsuit been filed and that led him/her to the courthouse to get the summons and complaint through a court search? Can a case be dismissed for defective
service even if the defendant answers promptly?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  richanne96 replied 1 year ago.
Generally, if the defendant answers promptly he has waived any right to have the case dismissed for improper service. It is not OK to submit proofs of service unless the defendant has actually been served. And no, the court is not likely to accept "corrected" proof of service where an extension of time to serve was not sought.

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