Procedure After Issuing Summons

State:
Multi-State
Control #:
US-01237
Format:
Word; 
Rich Text
Instant download

Description

The document outlines the procedure after issuing a summons in a civil case. It details the steps a recipient must take upon receipt of the notice, including signing and returning the acknowledgment form within 20 days to avoid incurring costs related to service. If the form is not returned, the recipient has 30 days to respond to the complaint, failing which a default judgment may be rendered against them. This form is essential for maintaining proper legal protocol post-summons issuance. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to ensure compliance with procedural requirements and to facilitate timely responses in legal matters. It provides clear instructions for acknowledgment, indicating relationships to entities served, and includes notary requirements for verification. By utilizing this form correctly, legal professionals can streamline communication and minimize potential legal complications.
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  • Preview Notice - served with Complaint and Summons
  • Preview Notice - served with Complaint and Summons

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FAQ

A summons is a form prepared by the plaintiff and issued by a court that informs the defendant that they are being sued or are required to appear in court. It may be served by a sheriff or other authorized person, such as the process server.

If you choose to answer the summons in writing, you can either use the free form offered by the court, or you can create your own form. If you create your own form for the answer, it must be either typed or neatly handwritten.

Once a summons and complaint or summons with notice have been served, a defendant must respond in writing within a limited period of time. The response is sent to the plaintiff's attorney or directly to the plaintiff, if the plaintiff is appearing is self represented.

Before filing your answer, you must send a copy to the plaintiff (if plaintiff is appearing pro se) or plaintiff's attorney (if plaintiff is represented by counsel). To file your answer, you may deliver it in person or send it by mail to the Pro Se Office.

In New York debt collection lawsuits, you can answer the summons in writing or in person, if the court allows. Either way is fine, so long as you provide the answer within the legal time frame (10-30 days, depending on how you were served). Remember,the court clerk can provide general information but not legal advice.

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Procedure After Issuing Summons