Alabama Notice - served with Complaint and Summons

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

Description

This is an instructive Notice meant to accompany a summons and complaint initiating civil litigation. The Notice informs the defendant of the proper actions to take regarding the complaint and the consequences of not following the proper procedure in responding.
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FAQ

For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.

A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon that defendant except when service is made by publication and a different time is prescribed under the applicable procedure.

You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.

File the Answer with the court, and serve the plaintiff Alabama courts require defendant debtors who don't have an attorney to file the answer by mail or in person. So here's what you need to do: Print two copies of your Answer. Mail one copy to the court.

R. F. The defendant shall file an answer in the office of the clerk within 14 days after a copy of the summons and complaint has been delivered to the defendant by the sheriff, constable, or other process server or by certified mail or commercial carrier.

But, now that you filed the lawsuit, you have to let the defendant know formally that you are suing. This is called "service". You have to have all papers "served" on every party in the whole lawsuit. To start your case, you have to have the defendant served with a Summons, Complaint and Civil Lawsuit Notice.

If the defendant didn't file a response by the deadline, the next day you can ask the court to end their chance to respond and to rule in your favor. This is called asking for entry of a default. You should file this within 10 days after the deadline to respond passed. California Rules of Court 3.110(g).

The summons may be served by any law enforcement officer in the same manner as a summons in a civil action, except that service may not be by publication. At the law enforcement officer's discretion and expense, a summons may be served by certified mail, requiring a signed receipt or some equivalent thereof.

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Alabama Notice - served with Complaint and Summons