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What sort of relief can a plaintiff seek from court in an originating summons?
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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.
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.
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.
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.
What is originating summons?
Orginating summon is a legal document to served on the Defendant by the Plaintiff. It is one type of originating processes in certain level of Court in some common law jurisdictions (like Hong Kong). Other originating processes include Writ of Summons (renamed as Claim Form in England and Wales), Originating Motion and Petition. Orginating summon is usually appropriate in either of the following situations: (1) where the principle question at issue is, or likely to be, one of construction of any written law or document; (2) where there is unlikely to be any substantial dispute of fact.
What is declarative relief in legal terms?
Declarative relief is a declaration made by a court at the request of one of the parties. For example, in a libel suit, the plaintiff might ask the court to declare that an allegedly libellous statement was indeed libellous, i.e. untrue. That would have the effect of publicly clearing the plaintiff's name.
If you received a summons in the mail for a credit card debt that's over 6 years old but it does not give you the address of the court to answer is this a valid summons from a debt collector?
A lawsuit summons be an official document that has the name of the court, the docket or case number, the name of the plaintiff and the defendant, the date, time, and place the defendant should appear and so forth. At the bottom of the "summons" will be the name and contact information of the plaintiff's attorney an official state court seal and the signature of the clerk or deputy clerk of the court. Debt collectors cannot file a lawsuit and obviously cannot issue a summons for said suit. A lawsuit can only be filed by an attorney licensed to practice in the debtor's state. A summons or subpoena of any sort can only be issued by the court. Any agency or agent attempting to falsify such a document is guilty of a criminal offense and can be subject to severe penalties in a court of law.
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.
What document sets the grounds for the court's jurisdiction basis of the case and the relief that the plaintiff seeks?
what web site d.h.s. case
If you receive a summons without a case number or a court seal is it official or a 'scare tactic'?
An official court summons will always have a heading such as : "Circuit Court of the state of ______ County of_______ (or something similar). It will also have: The date, the case (docket) number, the court number and Plaintiff: _________ vs. Defendant: _______ Lots of "legalese" in between and at the end, the offical seal and signature of the clerk of the court.
Can a civil summons be delivered out of jurisdiction?
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.
