What is the legal consequence if service of process is not made within the stipulated time frame?

The legal consequence of failing to make service of process within the stipulated time frame is typically that the action is dismissed without prejudice. This means that the case can be refiled and is not barred from proceeding in the future. Courts generally allow this kind of dismissal to give the plaintiff another opportunity to perfect service of process, ensuring that they meet the required legal procedures for the case to proceed.

Dismissal without prejudice serves to protect the plaintiff’s right to bring their claim again after addressing the issue of service, allowing them to correct any procedural deficiencies. This approach is favored to avoid a situation where a party is permanently deprived of their right to pursue a claim solely due to a technicality related to service.

The other options—such as a dismissal with prejudice or requiring the defendant to respond within a week—do not apply to situations of improper or late service. A dismissal with prejudice would bar the plaintiff from bringing the action again, which is not the case here. Additionally, requiring a defendant to respond within a week does not correspond with the consequences of inadequate service. Lastly, the concept of carrying a case over to the next term typically pertains to situations beyond just service issues.