If the plaintiff fails to serve the complaint within the required time, what may the defendant do?

• A. Move to dismiss
• B. Request extension
• C. Seek default judgment
• D. File a counterclaim

Answer: (A)

When service of the complaint isn’t completed within the time allowed, the defendant may move to dismiss the case. Under the rules governing service, failure to serve within the allotted period typically means the action has not been properly commenced, and the court should dismiss for lack of proper service (or lack of jurisdiction) unless the plaintiff shows good cause for the delay or the court grants an extension. This dismissal is usually without prejudice, so the plaintiff could potentially refile if the statute of limitations allows. The other options don’t fit: a request for extension is something the plaintiff would seek, a default judgment isn’t appropriate when the issue is failure to serve, and a counterclaim isn’t relevant to service timing.