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What happens if the opposing party is not served with a petition?

April 26, 2017happens opposing party petition served

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What happens if the opposing party is not served with a petition?

1 Answer

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10 Posted

The other party must either waive service by notification or be served with a complaint or petition before a case can proceed. If you are unable to obtain either service or waiver of service by the opposing party, your case may be dismissed without prejudice. A dismissal without prejudice does not prohibit the plaintiff from re-filing the claim and proceeding as long as the claim is made timely (within the statute of limitations) and service can be secured.