If, as a respondent, you receive a Notice of Lack of Service and Intent to Dismiss, you need to serve the other party. “Service” means that you deliver the papers to the other party through a process server or by having the other party sign a document to accept service. Your action could be dismissed without any further notice any time after if you do not take the steps listed below.
THE PROOF OF SERVICE. If you have served the other party, you must be sure that the proof of service has been filed with the clerk of the court at the filing counter immediately. If you need to obtain the form and instructions to serve the other party, go to one of the Self-Service Centers (see locations) or from the Self-Service Center website.
motion to ask the judge for more time to serve the court papers before the court automatically dismisses your case. The order granting the extension must be SIGNED by the judge BEFORE the dismissal date indicated on the notice (download form).
Remember that you can contact Best Law Firm at any point for advice and help with your documents.
An example of Notice of Lack of Service and Intent to Dismiss follows:
The notice and intent to dismiss is sent to you if more than 120 days has passed from the date the petition was filed. Your case will be dismissed unless you take steps to prevent the dismissal. If temporary orders have been issued, THESE ORDERS WILL END WITH THE DISMISSAL of your action. If a paternity case
has been dismissed and the parties have agreed to paternity and now have temporary orders for support, decision-making, etc, you may not have a final order of paternity. Temporary orders for support, decision-making, visitation, etc., will also end.
If you do not want your action dismissed for lack of prosecution, you must do one of the following:
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