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Question about serving summons


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Hi all Good information here. My question is does district court follow federal courts rules? The reason why is the complaint was filed on Aug. 30th 2005 and served to me on Feb. 3rd 2006 this is 154 days and the federal rules say 120 days. if so can i dismiss for improper service?

I will post all of the other details in a few mins. This is from Unifund.

Thank you so much in advance.

Chris In Texas:confused:

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Guest FloridaDebtor

If service of the initial process and initial pleading is not made upon a defendant within 120 days after filing of the initial pleading and the party on whose behalf service is required does not show good cause why service was not made within that time, the action shall be dismissed without prejudice or that defendant dropped as a party on the court's own initiative after notice or on motion. A dismissal under this subdivision shall not be considered a voluntary dismissal or operate as an adjudication on the merits

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OK, Im back, My summary judgment was continued for 2 weeks, would this be a good time to file a motion to dismiss for improper service? 1st it went undelivered for 154 days and 135 days before they requested substitute service the time frame in texas says 120 days. Can I get this dismissed? and if I can would someone help me with a motion and how to file it?

Thank you

Chris

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Where in Texas are you located? I believe for the most of Texas you have 180 days to serve summons. There are a couple of places that the time frame is shorter, but even those jurisdications they give the plantiff an oppetuntity to cure the problem before dismissal of the case. I believe what was cited earlier was from Florida Rules of Procedure. I would check with the court clerk.

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what all do i need to file with a motion? could someone give me a kick start please?

I am running out of time.

thank you chris

You need to start reading, this will give you more info than we can give you. Your civil procedures should spell it out. You could also talk to the clerk at the courthouse on the phone, though they are not always 100% reliable.

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