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Arizona when a Summons is received for a civil complaint and an Order to Show Cause does the defendant have the right to trial by jury and respond in writing within twenty days?
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Who beside a defendant can answer a summons and complaint?
Person representing the defendant.
Can summons be obtained if the defendant never received a letter of demand?
Yes, summons can still be obtained even if the defendant never received a letter of demand. The legal process typically requires the plaintiff to properly serve the summons and complaint to the defendant in order to initiate the lawsuit. If the defendant does not respond to the summons, a default judgment may be issued against them.
What is it improper for a party to a lawsuit to serve the summons and complaint on the defendant?
conflict of interest
What is a good way to structure the Answer to a summons?
The answer to a summons explains the position of the plaintiff and defendant in a court case. This is the basis of either the complaint or the reasons behind actions which led to the complaint being filed.
If a defendant has been improperly named in the summons is there anything else the Plaintiff needs to do other than file a corrected summons and serve it on the defendant within the sixty day period?
Yes, the Plaintiff needs to amend the pleadings attached to the summons to reflect the correct name of the defendant. Usually a Petition or a Complaint.
When is a complaint and summons usually delivered to your house?
There is no "set" time when a summons and complaint will be served. The sheriff or marshall will delivery the summons and complaint at any time they are on shift. It is not uncommon for a summons and complaint to be delivered early in the morning or late in the evening.
What is a cross complainant on a summons?
cross-complaintn. after a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing him/her or against a third party as long as the subject matter is related to the original complaint. The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint. If the cross-complaint is against the original plaintiff (original suer) then it can be served on the plaintiff's attorney by mail, but a third party must be served in person with the cross-complaint and a new summons issued by the clerk of the court. The cross-defendants must then file answers or other responses. These are called pleadings and must be carefully drafted (usually by an attorney) to properly state the factual as well as legal basis for the claim and contain a prayer for damages or other relief.(From LAW.COM Dictionary)
Does the defendant get a summons?
Yes.
What does it mean when you receive a SUMMONS?
The summons is the document that officially starts a lawsuit. It must be in a form prescribed by the law governing procedure in the court involved, and it must be properly served on, or delivered to, the defendant. If the prescribed formalities are not observed, the court lacks authority to hear the dispute. In the federal district courts, the summons is prepared by the attorney for the plaintiff and given to the clerk of the court where the case will be heard. When the plaintiff's complaint, setting out his claim, is filed with the court, the clerk signs the summons and gives it and a copy of the complaint to a U.S. marshal or to someone else appointed to serve the papers. Once the summons and complaint are served on the defendant, she must respond to them within twenty days or whatever other time the court allows. Some states follow this same procedure, but other states allow service of the summons and complaint by delivery directly to the defendant. In those states, the lawsuit is considered begun as soon as the defendant receives the papers, even though nothing has yet been filed with a court. Actions commenced in this way are sometimes called "hip pocket" suits
Can a default judgment for unpaid credit card debt be awarded if you never officially received a court summons?
Yes, only a reasonable attempt to serve a civil summons is necessary. If the defendant is not located, refuses service of the summons, etc. the creditor's suit will be heard and usually a default judgment will be entered against the defendant.
What does Amended summons?
A writ of summons is a paper issuing out of a court (writ) which calls upon someone to appear (it summons them). In some jurisdictions, civil actions are started by presenting a writ to the court which is then served upon the defendant. The writ will state the basis in fact and law of the complaint. If for some reason the plaintiff (the person with the complaint, the person who starts the lawsuit) afterwards feels the statement of fact and law is insufficient he can have it changed, or amended. The writ of summons will then become an amended writ of summons.
Can you serve a summons on a plaintiff's attorney if the defendant cannot be located to be served?
Can I serve a summons to the defendants attorney if the defendant cannot be found
