WHAT HAPPENS WHEN A PERSONAL INJURY LAWSUIT IS NOT PROPERLY SERVED UPON THE DEFENDANT?
When a lawsuit in not properly served upon the Defendant, it is subject to dismissal. Most personal injury complaints are required to be personally served upon the Defendant in order for there to be valid service in the lawsuit. It is critical that service of the Complaint and process be properly performed.
When service of the complaint and summons are of questionable validity, you will almost certainly see a defend raised and alleging that service of process was insufficient. This defense simply means that the complaint and process were not properly served.
When an issue is raised as to the validity of service, the Defendant is questioning whether they properly received the complaint and process. The Defendant obviously has actual notice of the lawsuit because they are answering it. But actual notice is not the issue to be decided in evaluating the validity of service of process. A question as to the validity of service of process also does not question the form of the complaint for personal injury or the accompanying summons.
Personal jurisdiction over the Defendant in a lawsuit requires that the Defendant be properly served with the complaint and process. When the Defendant alleges that service is insufficient, expect to also see an allegation that personal jurisdiction is lacking.
Blog post provided by:
The Sessions Law Firm, LLC
115 Martin Luther King, Jr., Dr. SW, #410
Atlanta, GA 30305
Tel: (470) 225-7710