What to do if your process sever failed to serve the summons in a small claims case?
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What to do if your process sever failed to serve the summons in a small claims case?
I work for Heating and A/Ccompany and I recently was put in charge of filing some small claims cases against a few different people who owed our company a few thousand dollars. I filed the summons as I was instructed and hired a process server to serve the papers. However after talking to the the server, he failed to serve the papers prior to 8 days before the return date. Is there a way I can move the return date later or what is my next step? Do I have to completely refile the cases because that will cost another $75 per suit?
Asked on July 25, 2011 Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When you have a situation where the process server for a summons and complaint cannot get the documents served upon the defendant within the required time period for a small claims hearing, the plaintiff typically goes to the court hearing on the date, time and location set and requests that the judge set a new continued hearing date, time and location so no new lawsuit needs to be filed.
Such continuances are typically granted. Make sure to advise the judge for the reasons why the summons and complaint could not be served on the defendant.
The court most likely will issue a written order granting the continued court date. If this happens, make sure the process server has a copy of the new trial date in possession to also serve the defendant with besides the summons and complaint.
Good question.
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