Legal Question in Personal Injury in New Jersey

Minor child named in suit but never served

My minor son has been named in a lawsuit involving two other children for personal injury (superficial, while playing). The suit has been filed in civil court and the caption of the case is the plaintiff (first child)vs.the second child's name et al. My son is named as a defendant in this suit but we have never received service. Is it possible that the plaintiff is only suing the other child and not my son, but just simply naming him. Does this mean that a suit has not actually been filed against my son. The two year anniversary of the incident has just passed. How long after a suit is filed and my son named does the plaintiff have to serve my son and persue this suit...how long will this be hanging over my son's head. He was 10 at the time of the incident and has no assets. Typically, do the courts enter judgements against minor children.


Asked on 6/04/04, 7:24 pm

1 Answer from Attorneys
John Ducey Law Offices of John G. Ducey, PC

Re: Minor child named in suit but never served

You have a lot of questions to answer, hopefully I will hit them all.

The suit is against both children. There is a limited time by court rules that the plaintiff has to serve all parties and the court will administratively dismiss the suit if the time is passed BUT an extension of that time is routinely granted by the court. The plaintiff can also withdraw the complaint before it is served and then refile up until 2 years after he turns 18...........so your son could have this hanging over his head until that time. Depending on the allegations your home owners insurance may defend and indemnify your son in this suit.

If you would like to speak further about your case or if you have questions about the above, please call me at 732-286-2170.

John

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Answered on 6/04/04, 9:55 pm


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