Summons Service

[jack-d]

State and Fed Courts:

If summons service was not done right, and I say so in a motion, can the plaintiff resend the summons the right way? and effect correct service? are there any time limit restrictions from the original filing date? (thought i read somewhere about 120 days, but not sure if that is original or re-service)

or would the judge dismiss, and they have to refile or could they just re-send the summons to correct it before the judge rules on the motion?

also there was a mis-spelling of my name, can they change that easily? if so how?

thanks for the answers!

 

[Mark Maroon]

State and Fed Courts:
If summons service was not done right, and I say so in a motion, can the plaintiff resend the summons the right way? and effect correct service? are there any time limit restrictions from the original filing date? (thought i read somewhere about 120 days, but not sure if that is original or re-service)

or would the judge dismiss, and they have to refile or could they just re-send the summons to correct it before the judge rules on the motion?

also there was a mis-spelling of my name, can they change that easily? if so how?

If the case is in Federal Court, then I think you are looking for the following:

http://www.law.cornell.edu/rules/frcp/rule_4

http://www.law.cornell.edu/rules/frcp/rule_4#rule_4_m

The Plaintiff can serve you multiple times within 120 days after filing the complaint against you without intervention from the court. If they need more time than 120 days, then they would have to request that from the court. All it takes is one good service, it doesn't matter how many failed attempts there were.

I don't know what type of motion you would file to contest service. I think you would want to file preliminary objections contesting the service.

I think it is relatively easy for a plaintiff to amend a complaint to correct a spelling error in the defendant's name. I do not believe that re-service to the same person but with a different spelling would be required, but I can't say as I have ever read any case law on the issue.

 

[jack-d]

Thanks Mark! Really appreciate your assistance.