I am not an attorney so I cannot answer that however I do know a couple of things, #1. Vivitar is so much in a mess there is no-one in charge, no-one to serve, no-one with any responsibility at that company. #2. If DM cannot follow up with a "good service" to some one with the responsibility to accept a supeona on behalf of Vivitar then "limbo".....Ask LL...or Fleagle