When you have a situation where the process server for a summons and complaint cannot get the documents served upon the defendant within the required time period for a small claims hearing, the plaintiff typically goes to the court hearing on the date, time and location set and requests that the judge set a new continued hearing date, time and location so no new lawsuit needs to be filed.Such continuances are typically granted. Make sure to advise the judge for the reasons why the summons and complaint could not be served on the defendant.The court most likely will issue a written order granting the continued court date. If this happens, make sure the process server has a copy of the new trial date in possession to also serve the defendant with besides the summons and complaint.Good question.