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Statute of limitations: are you within the statute on filing the complaint or serving it?

Los Angeles, CA |

For California superior courts, does a lawsuit fall within the appropriate statute of limitations upon filing the complaint or serving the process? Can you file the lawsuit within the statute and then serve it outside of the statute? Thank you.

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Attorney answers 3


1. Filing. 2. File within the statute and you can serve outside the statute.

This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.


"Can you file the lawsuit within the statute and then serve it outside of the statute?" -- Yes. Filing is the operative date. However, depending on the lawsuit or defendant, do not forget to comply with any claims statute prior to filing.

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You need to file your lawsuit within the statute or limitations. Doing that preserves the right to sue and the date of filing is the operative date. The date of service is not relevant for statute of limitations purposes.

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