June 9, 2009 I was hit from behind auto accident. Hired a attorney, attorney filed a
Praecipe for Writ of Summons on 06/10/2011, it was returned Returnable:07/09/2011., on 12/20/2011 a Praecipe to Reissue Writ of Summons was filed.Sheriff Return with summons served on 01/14/2012 on Defendants. A Complaint was finally filed 04/27/2012. Can the Defendants have it removed because of the statute?
Thank you and any help will be appreciated.
PS. Accident was in Pennsylvania.
2 Answers from Attorneys
The language you use leaves me w/ a few questions. But if you got injured on 6/9/09 and Praec for Summons was filed on 6/10/11, it looks like your atty missed the statute of limitations. That case should get dismissed (thrown out) and you should have a legal malpractice claim against the lawyer. That answer is based on several assumptions. You should meet, personally, w/ an experienced injury/malpractice atty to discuss the details.
Mr Senkers answer is entirely correct. Sounds like your lawyer failed to timely file the Praecipe for issuance of a writ of summons prior to expiration of statute of limitation. The act of having the writ reissued was a meaningless act. If you suferred injuries in that accident you should see a lawyer with experience in atty malpractice suits.