What could happen if a defendant is not properly served?

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When a defendant is not properly served, it can significantly impact the legal proceedings of a case. Proper service of process is a fundamental requirement that ensures that defendants are given notice of the legal actions against them. If this requirement is not met, the court may view the case as improperly initiated, leading to potential delays or dismissals.

When a court finds that service has not been carried out correctly, it may dismiss the case or allow for a delay in proceedings until proper service is achieved. This process ensures that the defendant has had a fair opportunity to respond to the allegations or claims being made and upholds the due process rights guaranteed under the law.

The other options do not accurately address the implications of improper service. For example, a case cannot continue without proper service, as all parties must be notified of the proceedings. Restarting the case from the beginning is not a requirement unless there are specific errors that necessitate that action beyond just improper service. Moreover, a defendant cannot be compelled to accept claims without contesting them if they have not been adequately served, as they would not be aware of the lawsuit against them. Proper service is crucial for the validity of the judicial process and the enforcement of legal rights.

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