My boyfriend and his brother are both being sued as co-defendants in a frivilous civil lawsuit. His brother was served with the summons, which states that he has thirty days for the day he was served to file an answer. For some reason, my boyfriend has not been served. Do co-defendants need to be severed separately? If so, does that mean he does not need to file an answer until he gets the summons, or does he and his brother need to file jointly?
2007-12-27 11:52:55 · 2 answers · asked by Tizzo 2 in Politics & Government ➔ Law Enforcement & Police
As the first answerer said correctly, both defendants must be personally served. I wanted to add that your bf should not answer until he is served. If he answers before service of process, he's waived his right to have the lawsuit served. He does not file a joint answer.
2007-12-27 12:11:14 · answer #1 · answered by David M 7 · 5⤊ 0⤋
Each party in the lawsuit should be served! It may just be that the process server hasn't contacted your B/F yet!
2007-12-27 19:58:43 · answer #2 · answered by KC V ™ 7 · 6⤊ 0⤋