You can’t mess around with service of process.

August 22, 2008 by Zale.

When I was a claims adjuster, I had many instances where attorneys would file suit and then not serve the summons because they only filed the suit to preserve the statute of limitations.   They delayed serving the suits on the defendants while they attempted to get the claim resolved.  Well, here’s a recent Tennessee Court of Appeals case where that really bit the attorney in the rear.

The Rule of Civil Procedure that controls this is 4.01(3) and it states:

If a plaintiff or counsel for plaintiff (including third-party plaintiffs) intentionally causes delay of prompt issuance of a summons or prompt service of a summons, filing of the complaint (or third-party complaint) is ineffective.

So the delay on the part of the attorney of serving the complaint on the defendant makes it as if the complaint was never filed.  Ouch!

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