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Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1501
Experience:  Attorney-at-Law
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I filed a complaint April 10, 2015 in Federal Court

Customer Question

I filed a complaint April 10, 2015 in Federal Court (Retaliation) . At the time a Summons was issued dated April 10, 2015. I just served the summons and complaint on the Defendant's attoney. Do I have to request another summons because the Summons was served after 7 days? If so, will this cause my case to be dismissed if my 120 days is up Sunday, August 9, 2015? What are my options? Oh, should I serve a copy of the complaint on the Chairperson of the School board, too even though I served the attorney who is representing the School Board?
Submitted: 2 years ago.
Category: Legal
Expert:  Thelawman2 replied 2 years ago.

Is this in bankruptcy court? Does the summons itself actually state that it has to be served within 7 days?

Customer: replied 2 years ago.
This is not bankruptcy court. This is Federal court for retaliation. EEOC found in my favor and issued a right to sue.
Expert:  Thelawman2 replied 2 years ago.

In federal court, you have 120 days from the date of the filing of the complaint to serve the defendant with a stamped copy of the the summons along with the complaint. There is a 7 day window in bankruptcy court, but that would not be applicable here.

Expert:  Thelawman2 replied 2 years ago.

You should be serving the complaint on the actual person you are suing.

Customer: replied 2 years ago.
I do not have the Chairpersons' address. I do know the name and address of the Attorney representing the School Board. What are my options if I am unable to find the address of the Chairperson? Should I certify the Summons and Complaint it to the Central Office?
Expert:  Thelawman2 replied 2 years ago.

You could have him personally served. If you know where he will be at a certain time, you could have someone hand deliver the service to him.