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Complaint Dismissed for Improper Service of Process
Date: September 15, 2015
Related Attorneys: Bruce L. Decker Jr.
Related Practice Areas: Commercial Litigation, Litigation
Attorney Decker was recently successful in having a Complaint dismissed for a plaintiff’s failure to properly serve the lawsuit.
While a Writ of Summons was filed in time to toll the statute of limitations, the Writ was never properly served on the defendant and plaintiff made no effort to reissue the Writ. Plaintiff tried arguing that he was lulled into a sense of security because of some discussions with the insurance carrier but that argument was rejected by the Court. Since service had never been properly accomplished, Preliminary Objections to the Complaint were sustained and the case was dismissed.
While a Writ of Summons was filed in time to toll the statute of limitations, the Writ was never properly served on the defendant and plaintiff made no effort to reissue the Writ. Plaintiff tried arguing that he was lulled into a sense of security because of some discussions with the insurance carrier but that argument was rejected by the Court. Since service had never been properly accomplished, Preliminary Objections to the Complaint were sustained and the case was dismissed.