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Litigant's failure to pay process server results in running of statute of limitations for malpractice

Richard Livingston sued his lawyer, Michael Villar, P.C., in January of 2010, just days short of two years after Villar's representation of him had ended.  Livingston put the Complaint and Summons into the hands of a process server, but failed to pay the process server.  The statute of limitations would have been tolled beyond the two-year anniversary with the Complaint in the hands of the process server if service had been effected, however, since he was not paid, the process server never served the Defendant with the Complaint.  As a result, the summons expired after 90 days, and the "tolling" period associated with service of process ended without service--resulting in the final running of the statute of limitations.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
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