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The Plaintiff, after filing a complaint, serves process to the wrong person. There is still 1...

The Plaintiff, after filing a complaint, serves process to the wrong person. There is still 1 week left before the expiration of the statute of limitations for the cause of action (negligence). Can the Plaintiff make a second attempt to serve process?

a.

No, because plaintiffs are only permitted one attempt to serve process

b.

Yes, but only for 1 week after the initial failed service

c.

No, because the plaintiff is too close to the end of the statute of limitations

d.

Yes, at any time after the initial failed service


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Answer #1

The correct answer is Option C. No, because the plaintiff is too close to the end of the statute of limitations.

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