Saturday, March 10, 2012

Will late service by mail cause statute limitations to expire?

If service by mail results in the statute of limitations expiring by a single day, will a court deem that a minor or small imperfection in service, and allow a case to go forward?Will late service by mail cause statute limitations to expire?
It depends on what you're talking about.



Statute of limitations on claims in civil matters and in charges in criminal matters are from date of incident to date of FILING, not date of trial/hearing. If you're serving someone, that means you've already filed, so the limitation will not apply.Will late service by mail cause statute limitations to expire?
No. You had plenty of time to file before that and that is how the court will look at it.

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