Procedurally, you are correct in what you recall, though your particular facts may be different. Yes, a plaintiff has 120 days from the date of filing the complaint to serve the defendant(s). Instead of filing a motion to dismiss, however, it may be preferable to file a motion to quash service of process - this depends on whether the case continued despite not having served the defendant(s). Finally, yes, in Florida, there is a five-year statute of limitations on enforcing written agreements. You should consider having a local attorney review the court file in your case as well as your particular case facts.
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i agree with other counsel. Plaintiff has 120 days in FLA to serve defendant with the summons and complaint, and then must either get an extension from the court, dismiss without prejudice and then re-file and try and serve again? If the plaintiff can show they have tried to serve and defendant is evading, they can substitute serve.
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In Florida, in state court, 120 days without court order is right. Process can be quashed and the Complaint dismissed otherwise. Five year statute of limitations. But it runs from every missed payment. So, it is just the payments more delinquent than 5 years that are unenforceable. This assumes that Florida Statute of Limitations controls, and it may not, even if the case is filed here.
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