I got a response back from the courts saying an expired summons wa served on defendant. will reconsider upon service of re-issued summons with the complaint. does that mean I have to refile a request for order of default and the modification for child support too. This is my 4th time filing??
What it means is, you failed to have the defendant served with a copy of the summons and complaint before the time for service expired. A summons, when issued, is only good for a limited period of time (e.g., 30 or 60 days) and says so right on the front of it. When you serve an expired summons upon someone, it is not deemed effective "service"; therefore, the court may ot act on your request for a default. The only remedy is to request re-issuance of summons (also called "renewal" of summons), together with another copy of the complaint. You have the option of paying $35 to have the Sheriff serve it if the defendant is located in the county where filed (the Sheriff typically makes only 3 attempts), of you can pay a private process server to do it (usually costs twice the Sheriff's fee, but they may try harder). Once properly served, the time for the defendant to file an answer begins to run. You can file for default only if the defendant fails to file a responsive pleading within that time.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline