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.
If 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.
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.
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.
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.
You should have received a summons and with that summons is a copy of the plaint. Look at the line marked "Plaintiff", that is the person suing you. You're the defendant, as you must defend yourself against the case (though, in a law, the plaintiff bares the burden of the evidence in both civil & criminal trials, so a "defendant" is a misnomer).
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.
This is usually the responsibility of the plaintiff, or in some cases an officer of the court may do it.
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.
No. The non appearance of the defendant will result in a default judgment being entered in favor of the plaintiff. The non appearance of the plaintiff results in the case being dismissed.
Of course. All the plaintiff will need to do however, is publish the summons in the paper and you will still be considered served.
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.
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.
The defendant's answer to a civil summons for a lawsuit is sent to the issuing court and a copy to the plaintiff or the plaintiff's legal counsel. Addresses can be found on the summons itself.
If the plaintiff appears and the defendant does not what usually happens is a default judgment is issued in favor of the plaintiff. How the judgment is executed depends upon the laws of the state where the defendant resides. It is not legally required for a defendant in a civil suit to appear unless he or she has received a subpoena as well as or in place of the civil summons.
The agency or person in charge of the lawsuit summons will inform the plaintiff/petitioner that the summons has been properly served upon the defendant or his or her legal representative.
You must appear in court on the day of the hearing and defend yourself against the claim made by the plaintiff. If you can afford one you should be represented by an attorney. The court will hear the evidence and render a decision. If you ignore the summons the plaintiff will win by default and a judgment will be issued against you.
As a defendant you have to come up with your Plea in your response to a civil summons. But in general, defendant may not be in a position to directly come up with Plea due to some clarifications required on the summons. In this case, defendant can demand the clarfications from plaintiff.
Usually the plaintiff moves to enter a default judgment on the complaint. In general, plaintiff will have to prove to the court that proper service of the papers was made on the defendant. In many cases plaintiff may also have to obtain letters from the various armed services branches to prove that the defendant is not away in the military. (This is not as difficult to do as it may sound.) If the court is satisfied that defendant has been properly served and was able to file answering papers but did not, it will let plaintiff prove his/her case either by affidavit or certification or by a proof hearing in court. A complaint is usually not a sworn statement by plaintiff, therefore any allegations in it have not yet been proved under oath. If the complaint is for a debt say on a credit card account, and the defendant defaults in answering the complaint, the credit card company usually has someone prepare an affidavit as to the amount of the debt. This sworn statement is now in evidential form and may be accepted by the court for entry of judgment. Courts will not simply enter a judgment for everything demanded in the complaint unless there is some sworn proofs to back it up. The procedure for this will vary from state to state. The state's laws and court rules must be consulted to find out the exact procedure.
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.
Two things to know. First, if a person does not answer the summons and complaint in the time allotted, the court will let the plaintiff proceed with the case pretty much as if the defendant agrees with all the allegations and demands made in the complaint. The plaintiff will have to prove that service of the summons was made properly just so the court is sure that the failure to answer is not just because the defendant does not know about it. The court will schedule a proof hearing at which time the plaintiff will testify to the truthfulness of the allegations of the complaint. If the court is satisfied the allegations are true, it will enter a default judgment granting the plaintiff's demands as long as those demands are supported by the facts. Second, the court will not cut off a defendant from filing an answer just because the 20 day period has expired. All courts have rules that permit filing a late Answer provided there is some reasonable reason for the lateness. Plaintiffs's lawyers know that courts will allow late answers very liberally, so much so that they usually consent to a late answer without making the defendant ask the court to be allowed to file late.
If by "delivered" you mean served, yes. The summons has to be issued by the Clerk of the Court where the case is pending, directing service on the defendant at a specific address. The Plaintiff then forwards the issued summons to the sheriff's service of process unit, or hires a special process server (sometimes called an "elisor") in the Defendant's locale to effect service of process. If successful, a return of service is sent back to the Plaintiff (or his/her/its attorney) documenting service. The original of the return of service is filed with the court where the case is pending, and the Plaintiff or his/her/its attorney retains a copy. The documentation of service of process is critical to demonstrating that the court has acquired the requisite personal jurisdiction over the Defendant.
The plaintiff files a petition for the civil suit, the court clerk notarizes and files the petition, the civil summons is served on the defendant by an officer of the court, a private process server or in some instances by certified mail. In cases such as creditor suits, the defendant does not have to physically receive the summons, all that is necessary is for the plaintiff to make a reasonable attempt of service.
A judgment cannot be entered against anyone until due process of law has been followed. The person (plaintiff) seeking restitution must file a lawsuit in the appropriate state court. The person sued (defendant) is then served a summons to appear on the date noted to answer the suit. If the plaintiff does not appear the case is dismissed. If the defendent does not appear the usual procedure is for a default judgment to be entered into the court record in favor of the plaintiff.
Yes, if you are served with the summons and complaint and do not file an answer denying the allegations and fail to go to court, plaintiff will be given a chance to prove that a judgment by default should be entered against you. If the proof is adequate, the court will enter judgment against you even though you haven't gone to court.
In that situation you filed what is called a third party complaint against the person you believe is the one truly responsible. At the same time you file your answer you may include the third party complaint. It is possible that at the time you file your answer that you do not know that someone else is responsible. The court will allow you to file a third party complaint within a reasonable time after you learn that someone else is responsible. Then you serve it by summons on the third party in the same way you would serve a complaint if you were simply a plaintiff instead of a third party plaintiff. In many, if not all, courts, if you fail to bring in the third party within the action you are defending before trial, you may be barred from suing the third party even if you lose the case.