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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?
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.
What else can I help you with?
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.
How is a plaintiff notified of a civil suit?
A plaintiff is notified of a civil suit through a formal process known as service of process. This typically involves delivering a copy of the complaint and a summons to the plaintiff, which can be done by a process server, a sheriff, or sometimes by certified mail. The summons informs the plaintiff of the legal action and provides details on how to respond. Proper notification is crucial for the court to have jurisdiction and for the case to proceed.
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.
What happens when an alias summons is returned unserved?
When an alias summons is returned unserved, it typically indicates that the process server was unable to deliver the summons to the defendant after multiple attempts. This may prompt the plaintiff to request a new alias summons to be issued so that the defendant can be properly notified of the legal action. Depending on jurisdictional rules, the plaintiff might need to provide evidence of the attempts made to serve the original summons. Ultimately, the court may allow further attempts to serve or may consider alternative methods of service.
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.
