If a defendant is not timely served, can informal notice stop the statute of limitations from running?

If a defendant is not timely served, can informal notice stop the statute of limitations from running?

• A. Yes, if the defendant has actual notice.
• B. No.
• C. Only if the notice is in writing from the plaintiff.
• D. Yes, but only for 60 days.

Answer: (B)

Informal notice does not toll the statute of limitations. The clock starts when the claim accrues and generally keeps running until the defendant is properly served or until a statutory tolling provision applies. Knowing about the suit or being told about it by someone does not pause the deadline; only proper service (or a legally authorized tolling mechanism) can pause or reset the time to sue. So even if the defendant has actual knowledge, the action can still be time-barred if service isn’t timely completed and no tolling rule applies. The other options imply that informal notice or a written notice from the plaintiff creates tolling, or that there’s a fixed 60-day extension, which isn’t the rule.

Informal notice does not toll the statute of limitations. The clock starts when the claim accrues and generally keeps running until the defendant is properly served or until a statutory tolling provision applies. Knowing about the suit or being told about it by someone does not pause the deadline; only proper service (or a legally authorized tolling mechanism) can pause or reset the time to sue. So even if the defendant has actual knowledge, the action can still be time-barred if service isn’t timely completed and no tolling rule applies. The other options imply that informal notice or a written notice from the plaintiff creates tolling, or that there’s a fixed 60-day extension, which isn’t the rule.