Writ of Sumons without complaint. Is this improper service?

The Writ of Summons tolled the Statute of Limitations.Courts have dismissed Writs where there have been no efforts made to serve the Complaint.You have indicated that the Writ was served upon you shortly after filingPlease note that a Writ must be served by the Sheriff.In order to dismiss the Writ under these circumstances you would have to file what is called a Rule to File Complaint with the Court which would notify the Plaintiff that he or she has 20 days to file a Complaint or the action would be dismissed.If nothing is done along that line the Writ will remain.The Court generally issues a notice of dismissal warning to the parties around the time that 2 years have passed on a case with no docket activity at all,but I wouldn't necessarily count on this happening exactly on the 2 year anniversary of no docket activity.The best move would be to consult a local attorney to determine whether it is best to file a Rule to File Complaint and proactively attempt to resolve this matter.

The writ of summons does not require a complaint. If you wish to compel the plaintiff to file a complaint, you should have an attorney file a "praecipe for entry of a judgment of non pros." This procedure will compel the plaintiff to file a complaint within twenty (20) days of service of the praecipe or risk having the case dismissed. Litigants are not supposed to file writs and then let a case sit. You may have arguments for dismissal based on prejudice from the delay if the plaintiff does finally get around to filing a complaint on his own. However, the praecipe is the only way to bring the issue to a head now Please feel free to call me for assistance. (215) 493-8287

As the other attorneys stated, the writ of summons does not require a complaint.