Q: In Texas - Does filing suit preserve my claim or must I file and serve?
I am in Texas. In my auto accident personal injury claim, the statute runs on 2/26/2011 - this Sat. I have just filed the original petition, but not arranged for service. Must I also serve the defendants before the statute runs to preserve the claim or does the filing alone do it? I am still trying to work a settlement and didn't want to proceed to court unless necessary.
A: You must file suit within the applicable statute of limitations or your case may be over with. In addition to filing suit, you must use "due diligence" in getting the legal papers served on the defendant. In other words you can not just sit around and be proud that you timely filed the lawsuit.
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