Legal Question in Personal Injury in California

Served a Summons more than 100 days after suit was filed

I have just been served a summons more than 100 days after a suit was filed in Northern California. What is the typical time limit for serving a Summons after a suit has been filed. This is a personal injury case from a minor auto accident 2 years ago.


Asked on 12/04/07, 4:36 am

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Served a Summons more than 100 days after suit was filed

Follow Mr. Shers' advice. In my opinion it is 100% accurate.

Good luck!

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Answered on 12/24/07, 3:29 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Served a Summons more than 100 days after suit was filed

The time for service can be extended. If you are served you are best advised to answer the suit. Turn it over to your auto liability carrier and let them have an attorney defend you. If you did not have insurance, hire a lawyer or you will wind up with a default judgment rendered against you.

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Answered on 12/27/07, 1:24 pm
George Shers Law Offices of Georges H. Shers

Re: Served a Summons more than 100 days after suit was filed

Were you sued in Federal or State Court? In the former you can get the suit dismissed for late service. In state court the service is late too but the Courts rarely do anything about it.

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Answered on 12/24/07, 3:14 am


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