Legal Question in Credit and Debt Law in California
Unable to serve Summons and Complaint
How long do I have to serve a Summons and Complaint? I have been trying to serve the Debtor since 1989 by Process Servers without sucess. If I locate him, can I still serve him?
Asked on 4/30/02, 10:27 pm
1 Answer from Attorneys
Douglas A. Crowder
Crowder Law Center
Re: Unable to serve Summons and Complaint
Without getting the details or looking at the court file, I would say it is probably too late. In California, an action must normally be brought to trial within 5 years after it is filed. Often a court will, by its own motion, dismiss a case on which no action has been taken for some time. If it hasn't been dismissed yet, what should be done is make a motion to serve the defendant via publication.
Answered on 4/30/02, 11:01 pm