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What is the meaning of 'Now comes plaintiff through counsel and states the following costs in this action' on a civil summons?
Wiki User
∙ 17y ago
Someone is taking legal action against you and if you lose then you will be responsible for the costs as explained in the letter, you need to seek legal counsel to get help in this matter. It's "legalspeak" and it simply means that the attorney for the creditor/person that is bringing the suit (plaintiff) is informing the court and the defendant (debtor) the amount of debt he or she is being sued for plus legal costs and filing/court fees.
Wiki User
∙ 17y ago
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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.
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 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.
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
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.
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.
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.
Do you have to go to court for a garnishment after receiving a summons?
If the defendant does not respond to a summons, the plaintiff will usually win the case by default. A judgment will be awarded, a judgment can then be executed pursuant to state law, one option is wage garnishment. The defendant/debtor does not have to attend court. If he/she wants to protect property or perhaps have a chance to appeal the ruling, it would be in their best interest to make an appearance or retain legal counsel.
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.
How to find out if child support papers have been served?
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.
How do you file an 'answer' to a mortgage foreclosure summons?
A summons for a foreclosure is a lawsuit by the plaintiff/lender against the defendant/borrower. All civil suits are basically the same and therefore the process of filing an answer or "first pleading" by the defendant is the same. Read the summons very carefully and then respond to each paragraph either as being in agreement or disputing the claim for whatever valid reason you may have. For example, if you have made all the payments in the prescribed manner of the mortgage contract and the plaintiff is claiming a default due to non payment, you dispute that charge on the grounds that you have proof of payment. DO NOT, make a claim that is not true and/or cannot be substantiated. File a copy of your response within the required time limit with the clerk of the court and the plaintiff's legal counsel by means of a certified letter with receipt requested. In some states it is also necessary to file an answer of appearance with the court issuing the summons. You can go to SummonsReply.com to get help if you are trying to write an answer on your own. The site will provide you with a template and an example of an answer to a summons written by a certified lawyer, which will guide you to write your own answer in order to stall foreclosure.
How long does a plaintiff have to serve a summons?
That depends upon the laws of the state in which the judgment was issued, the least amount of time would be 10 business days from the time the summons was served.
