0
Pro se Plaintiff having received answer to complaint on summons what is next step plaintiff needs to take?
Wiki User
∙ 16y ago
If there are counterclaims, then pro se plaintiff needs to file his own answer. You also want to consider any afformative defenses asserted by the defendant and their merit.
Wiki User
∙ 16y ago
Wiki User
∙ 14y agoIf plaintiff doesn't have any idea what to do, plaintiff better get himself a lawyer. It seems like the defendant without a lawyer knows more about what is going on than the plaintiff does.
Add your answer:
Earn +20 pts
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.
If settling out of court do I still have to answer the summons?
You would not have to answer the summons as long as the plaintiff agrees not to move for entry of a default judgment for you not answering the summons within the appropriate time. Also, if you do reach a settlement be sure that the plaintiff promises to and does dismiss the lawsuit when the money is paid.
What does motion and request for default mean?
A plaintiff starts a lawsuit by filing a complaint and serving the complaint and summons on the defendant (or defendants). If the defendant does not answer the complaint or otherwise respond to the suit, the plaintiff make request a "default judgment." This means, more or less, "the defendant has not responded and the court should therefore grant what I sought in the complaint." Usually, a default judgment will be restricted to the relief sought in the complaint and will be restricted to amounts that are reasonably calculable. For example, say somebody hit you with their car, and you sued for $100,000 in medical bill. If the defendant ignores the lawsuit, the plaintiff will request a default judgment, and the court will likely grant them a $100,000 judgment. The plaintiff will then take the judgment to (most often) the county sheriff's department, which will then seize a defendants property to be sold to pay the judgment; or plaintiff can seek other remedies, like garnishment of wages. Lesson: don't ignore lawsuits. That's how you lose for sure.
What happens when a summons is returned unserved?
if the summons was returned unserved, the plaintiff should asked the court to issue an alias summons if the whereabouts of the defendant is ascertained.
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
Who is responsible for delivering a summons?
This is usually the responsibility of the plaintiff, or in some cases an officer of the court may do it.
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.
Can I refuse to accept a summons on a bad debt?
Of course. All the plaintiff will need to do however, is publish the summons in the paper and you will still be considered served.
What is an affidavit of lost summons?
A processor server who loses the original summons that was presented to (them) by the Plaintiff must file an affidavit stating that the original summons whereabouts cannot be located.
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.
What can happen if a defendant never appears in court after receiving a summons in a civil case?
The court can rule in favor of the plaintiff. This is not an unusual occurrence. The plaintiff usually gets everything they asked for, which may be money, injunctions and compensation for court costs.
