Under a summons with notice, what action may be taken if the plaintiff does not serve the complaint within 20 days?

Under a summons with notice, what action may be taken if the plaintiff does not serve the complaint within 20 days?

• A. The defendant must appear in court
• B. The defendant can move to dismiss
• C. The plaintiff can amend the complaint
• D. The defendant can request a default

Answer: (B)

When a case is begun with a summons with notice, the plaintiff must serve the complaint within 20 days. If that deadline passes without serving the complaint, the action against that defendant isn’t properly commenced. The defendant may move to dismiss the action on the ground of improper commencement due to untimely service. This is the appropriate remedy because it enforces the requirement of timely, proper notice before the case can proceed. The other options don’t fit: a defendant isn’t obligated to appear simply because the 20-day window has passed, a default is not the tool for this situation since it involves failure to plead or answer after service, and amending the complaint doesn’t cure the fundamental failure to timely serve the complaint in this type of commencement.

When a case is begun with a summons with notice, the plaintiff must serve the complaint within 20 days. If that deadline passes without serving the complaint, the action against that defendant isn’t properly commenced. The defendant may move to dismiss the action on the ground of improper commencement due to untimely service. This is the appropriate remedy because it enforces the requirement of timely, proper notice before the case can proceed.

The other options don’t fit: a defendant isn’t obligated to appear simply because the 20-day window has passed, a default is not the tool for this situation since it involves failure to plead or answer after service, and amending the complaint doesn’t cure the fundamental failure to timely serve the complaint in this type of commencement.