Legal Question in Credit and Debt Law in Hawaii
A civil complaint for an amount under $2,400 for an unpaid credit card bill was filed with the courts on March 19, 2012 in Hawaii District Court of the Second Circuit. I received service of the complaint on February 1, 2013 and a check mark is in the box for my appearance in court the following Monday after service. I cannot find the rule of court for untimely service. Can I request a dismissal because of time between filing the complaint and servicing the defendant or are there no restrictions about service length after filing a complaint?
1 Answer from Attorneys
There is a limited time to serve a party. However, a party may file a motion with the court seeking additional time to serve a party. The party must show good cause to justify the extension such as not being able to locate the defendant despite reasonable due diligence. You should get a copy of the motion to see the reason given. If the reason given is inadequate or untrue you may be able to get the case dismissed.