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How Long Is A Summons/Civil Good For?

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LyndaRose

Member
What is the name of your state (only U.S. law)? Florida

First I like to thank you all for taking the time to read/help in my issue here.

How long is a summons good for?

Somebody filed a summons against me in Dec, 2009 and they claimed they tried to serve me but unsucessful and that an alias summons was served to me unsucessful in february, 2010. The guy I owe money to went to court as the court wanted to dismiss case and he also filed motion to withraw and for imposition of charging and retaining liens, how could a summons be good for over a year.... I thought they expire and what is an alias summons and how long is that good for?
 


latigo

Senior Member
Florida rules do not prescribe a definitive period of time for service of a summons.

It is good for service for 120 days from the date of its issuance. If not served within that period then upon proper application and good cause or excusable neglect shown – or upon the court’s own motion - “the court shall extend the time for service for an appropriate period”. (?)

The court also has the option of dismissing the action without prejudice or if multiple party defendants, drop a particular defendant as a party to the lawsuit. See: Florida Rules of Civil Procedure Rule 1.070 (j)
 

LyndaRose

Member
Hello Latigo,

I'm very surprised that he was somehow able to get an alias summons without asking the court permission, no court date was taken place regarding this issue prior to february, 2010, the original summons was issued in december 2009 just wonder how he got the alias without any court permission, if there is a legal way in doing this?
 

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