QUESTION

Is "the clock" met when a suit is files or when the defendent is served?

Asked on Apr 19th, 2016 on Automobile Accidents - Texas
More details to this question:
Have filed a small claims suit but the defendant is elusive and has not yet been served...now have a professional pursuing service.
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1 ANSWER

Animal Attacks Attorney serving Dallas, TX at Robert C. Slim Law Firm, PLLC
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Both.  You have to file suit before the deadline.  If you serve the defendant after the deadline, then you have to prove that you used "due diligence" in locating and serving the defendant with the court papers.  If there are long and unexplained periods of inactivity in getting the defendant served, then you could be subject to a "statute of limitations" defense.  So, be sure to documents all your efforts in getting the defendant served.
Answered on Apr 20th, 2016 at 7:30 AM

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