This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Once they are served, they have 30 days to respond. After that, your case can move forward even if they don't respond.
The summons and complaint in the case are deemed “served” on the Defendant (i.e. the Defendant's 30-day clock to file an answer under CCP section 412.20 starts) on the date they put on the Acknowledgment. In addition to signing the Acknowledgment form, the Defendant also has to date their signature.
In order to avoid a default, the Defendant must respond upon being served with either the summons with notice or the summons and complaint within the applicable time frame. These deadlines are found in CPLR §320(a) and are 20 or 30 days depending on how service was made.
Service by Notice and Acknowledgement of Receipt (Code Civ. Proc. § 415.30) is the recommended method of serving a summons on a known-to-be represented party or an unrepresented party who you believe to be amenable to such service.
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.
How to serve by mail with Notice of Acknowledgment and Receipt Choose a server. Figure out when to serve. Fill out and copy Notice and Acknowledgement of Receipt. Prepare a return envelope. Have your server mail the papers and envelope. Wait for server to get signed Notice in the mail. Fill out the Proof of Service forms.
Service by Notice and Acknowledgement of Receipt (Code Civ. Proc. § 415.30) is the recommended method of serving a summons on a known-to-be represented party or an unrepresented party who you believe to be amenable to such service.
Once they are served, they have 30 days to respond. After that, your case can move forward even if they don't respond.