Motion to Extend Time for Service of Summons and Complaint

[luvmyfidgets]

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

I received a notice in the mail from debt collection company that says they have filed a case against me, and attempted to serve a summons, but didn't find me in time, so now they want an extension. They attached an affidavit that shows that a process server went to my old house once, and of course I don't live there, so it wasn't served. They had 120 days to serve the summons and they show this one attempt and call it "diligently attempting".

My question is, if I respond to their motion to extend time for service, how would I word my response? I feel that they did not adequately attempt to serve the summons, but can I say that? Or would I say something else to try to get their motion denied?

Also, if their motion is denied and they do not receive the extension, would they be able to do it again? Or would they be stopped from serving a summons.

Thanks for the help. I am trying to do this the right way, since I don't owe them anything and I don't want to end up with a judgment against me.

Sincerely,

Diana

 

[dcatz]

“Time to serve” is generally set by a court to ensure that a plaintiff doesn’t file within a limitations period and then sit on its hands or, alternatively, begin a search for a way to make valid service on an absent defendant. For either reason, requests for additional time are generally treated liberally and granted as a matter of course (at least once), if the court is satisfied that the plaintiff is not being lax and/or has a probability of imminent success. How can you oppose the motion without convincing the court that both are true?

Without researching AZ’s position re: “special appearances”, you would have to appear specially to oppose the motion without subjecting yourself to the jurisdiction of the court and you would have to convince the court on a semantic point (i.e. that the plaintiff has not been “reasonably diligent”) such that further effort should be denied. That is extraordinarily unlikely. But, yes, if you were to do it, they could try again unless the case were dismissed with prejudice (which is even more unlikely). Your time and resources would be better spent preparing your defense, particularly if you owe nothing.