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What does this mean NON-SERVICE DISMISSAL?

Pinckney, MI |

NON-SERVICE DISMISSAL what does it mean to the filing party?

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Attorney answers 4

Posted

A non-service dismissal is usually entered by the court when the plaintiff (person suing) has failed to serve the complaint on the defendant (person getting sued). It results in a what is known as a dismisall without prejudice, which means the plaintiff can file the lawsuit again.

Glenn R. Matecun
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DISCLAIMER: This response is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. This response is intended only to provide general information. Attorneys cannot evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Posted

It means that the plaintiff either failed to serve the defendant or failed to file proof of sevice with the court within the required period of time.

Posted

"Non-Service Dismissal" means the Court administratively dismissed the case because the Plaintiff (the party suing) failed to serve the Defendant (the party being sued) within 90 days and the Summons expired. The dismissal is "without prejudice," meaning that the Plaintiff can sue again on the same claims if s/he pays the filing fee again and obtains issuance of a new Summons, which the Plaintiff again will have to serve within 90 days of starting the lawsuit. So, if you're the defendant here, breathe a sigh of relief -- but you're not out of the woods yet. If you're the plaintiff here, you better get the papers served timely next time.

Posted

"Non-Service Dismissal" means the Court administratively dismissed the case because the Plaintiff (the party suing) failed to serve the Defendant (the party being sued) within 90 days and the Summons expired. The dismissal is "without prejudice," meaning that the Plaintiff can sue again on the same claims if s/he pays the filing fee again and obtains issuance of a new Summons, which the Plaintiff again will have to serve within 90 days of starting the lawsuit. So, if you're the defendant here, breathe a sigh of relief -- but you're not out of the woods yet. If you're the plaintiff here, you better get the papers served timely next time.