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If my answer has been delivered to the plaintiff but not filed with the court will it still be considered in court?

Seattle, WA |

I mailed my answer to the Plaintiff within the time limits, but they did not file the Complaint with the court for nearly three years. While the type of lawsuit is still within the Statue of Limitations, I did not realize they could wait so long to file the Complaint after serving me the papers, so I did not continue to check court records after two years. Recently I received a name change motion in the mail which resulted in my discovery that they had filed the complaint two months ago.

Attorney Answers 2



Make sure you file the Answer along with proof of service that you served the Plaintiff with a copy of the Answer.


Arthur D. Leritz

Legal Disclaimer: Mr. Leritz is licensed to practice law in the State of Washington. The response herein does not constitute legal advice nor does it seek to establish an attorney/client relationship, but rather offers educational insight only. Please feel free to visit Mr. Leritz's website for additional information:

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Service of process isn't valid unless the action is filed within 90 days. You should file and serve a Notice of Appearance. If you have written an Answer and delivered it to the Plaintiff, you should also file it with the court.

[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

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Thank you, would I be able to a file a paper to ask for it to be dismissed then, since the lawsuit was filed over two years from serving me? I checked the papers filed with the court and it is indeed the same lawsuit dated from two years ago.



Oops, the last comment sounds confusing. I mean I was served nearly three years ago, but the lawsuit was just filed with the court. I verified that it is the same lawsuit, it is even dated for over two years ago.

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