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31. What is the mechanic's best response to the driver's complaint?
A driver filed a diversity action against a mechanic in federal court in State A. The mechanic was served with a complaint and summons by a 23-year-old law student. The student is unknown to both the driver and the mechanic and is working during the summer to pay for tuition.
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Here, there is no indication that service of process was insufficient. Both the summons and complaint were served by someone over 18 years of age. FRCP 12(a) requires the mechanic, as the defendant, to answer the complaint within 21 days because service was proper.
A is incorrect. The mechanic has 21 days, not 14 days, to file the answer.
B is incorrect. There is no indication that service of process was insufficient because a 23-year-old law student, a nonparty, served the complaint.
D is incorrect. As stated above, service was proper here, so there is no basis for this affirmative defense.