Question

A builder from State A sued a homeowner from State B for breach of contract in federal court, alleging that the homeowner failed to pay the second half of the agreed-upon price for completion of construction on a house. The process server attempted to serve the summons and complaint on the homeowner at the house, but after two failed attempts, instead served it on an elderly next-door neighbor, who was out in the front yard and volunteered to accept it on the homeowner's behalf. The homeowner then filed a motion to dismiss for insufficient process. Assume that the requirements for service of process in both states are identical to the requirements of the Federal Rules of Civil Procedure. Is the court likely to dismiss the action for insufficient process

Answer 1

Answer:

No

Explanation:

It is very unlikely they the case is dropped for insufficient process as the scenario does not describe any defect in the documentation and writings contained in the document. The issue with the process is likely in the manner in which the document was served. This is because, the document was served to an elderly next door neighbor which in a way can allow the homeowner to file for insufficient service of process. Therefore, the homeowner will most likely fail in it's quest to have the case dropped for insufficient process based on the argument presented above.