Legal Question in Credit and Debt Law in Florida

Process Service

Is there a time limit on how many times a complaint can be filed and service attempted for a civil matter? Is there a statue that expires after so many attempts without successful service?


Asked on 4/25/09, 11:21 am

1 Answer from Attorneys

Raymond LaBella LaBella Law, P.L.

Re: Process Service

Nope. They can try as many times as they want.

Now, what the law does require is that service of process must be accomplished within 120 days of filing the lawsuit. However, the plaintiff can file a motion to extend that deadline, which is frequently granted for an additional 120 days. But, there is no limit to the number of times they can try to serve the defendant within that time period. Otherwise, the law would be rewarding defendants for avoiding legal process.

If a lawsuit is dismissed without prejudice (which is what would happen if the plaintiff was unable to accomplish service within the time period), then the plaintiff can re-file the case one more time and try again.

For more information about your rights when dealing with creditors, you can check out our website at www.LaBellaLaw.com. You should also check out our News section to see how you can help us get the Helping Families Save Their Homes in Bankruptcy Act passed.

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* Telephone your Senators today (during weekdays) and ask them to stand up to the banks and support S. 61. Your Senator's contact information is on www.LaBellaLaw.com/news.

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Answered on 4/25/09, 11:08 pm


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