What if someone denies being served?

If someone does not accept the documents being served, and repeated attempts have been made by the process server, the party trying to serve the documents may bring a motion in court for an order allowing them to use an alternative or substitute method of service.

What to do if you don’t respond to a summons?

You’ll need to serve a copy of your answer on the plaintiff and attach a certificate of service to the answer to prove that the answer has been received. Then file the documents at the courthouse. Make sure to keep a copy of the answer, too. What if I Don’t Respond? Let’s say you get a civil complaint and don’t respond to it.

What kind of summons does a court send out?

For example, if someone sues you in small claims court, the court sends out a summons requiring you as the defendant to attend the hearing at a specific place and time. Other types of summons might be for jury duty or to your business as the defendant in a class action lawsuit.

What’s the difference between a summons and a complaint?

Sometimes a summons might be called a “summons and complaint.” The complaint is the specific charge, the reason the lawsuit is being filed, and the type of relief (usually money) being sought. For more serious matters, like divorces and lawsuits, the summons may be delivered by the local sheriff or another individual appointed by the court.

Where do I find the summons and complaint form?

On the first page of the summons or complaint, there’s a “caption” (heading). That caption should indicate which court the case was filed in (district or justice). The forms below are available for free at the Self-Help Center, or you can download them on your computer by clicking one of the formats underneath the form’s title below:

What to do if there is no response to a summons?

Call the court if no response form came with the summons to make sure there are no specific formats you must follow when making your response. Filing a response that disputes the plaintiff’s claims usually leads to a contested claim hearing. Make sure you appear at the hearing or the judge may grant the plaintiff a default judgment against you.

How old do you have to be to respond to a summons?

As the defendant, you cannot deliver the response personally, but you can commission someone who is 18 or older to deliver it on your behalf. There are typically deadlines associated with delivering your response to the plaintiff.

For example, if someone sues you in small claims court, the court sends out a summons requiring you as the defendant to attend the hearing at a specific place and time. Other types of summons might be for jury duty or to your business as the defendant in a class action lawsuit.

Can a defendant file a motion to dismiss a summons?

Likewise, you can file a motion to strike a particular part of the plaintiff’s complaint if that part is not legal, not understandable, redundant or immaterial to the case at hand. At the very least, filing a motion to dismiss will postpone your deadline to answer the summons until the judge makes a decision on the motion.