Legal Question in Civil Litigation in Florida
In Florida, a plaintiff has 120 days to serve a complaint after it has been filed; suppose the plaintiff attempts to make service on the defendant within the 120 days, but is unable to because the defendant cannot be located, despite due diligence, can plaintiff move for an extension of the 120 day service period if the statute of limitations has run in the meantime?
Asked on 10/01/12, 8:11 pm
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
Yes. The statute tolls upon filing.
Answered on 10/02/12, 4:08 am
Barry Stein
De Cardenas, Freixas, Stein & Zachary
Yes an extension on the 120 period can be granted by the Court.
Answered on 10/02/12, 6:26 am
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
