California Summons in Adversary Proceeding - B 250A

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US-B-250A
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Description

This form is a summons in an adversary proceeding. An answer is required within 30 days of the issuance of the summons.

How to fill out Summons In Adversary Proceeding - B 250A?

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FAQ

Go to the courthouse address listed at the top of the Complaint you were served with. At the courthouse, file the forms by giving the original and the 2 copies of the Answer and Proof of Service to the clerk. The clerk will stamp the forms. The court will keep the original and return the copies to you.

Verified answer means an answer the truth of which is substantiated by oath or affirmation attested to by a notary public or other person who has legal authority to administer oaths.

(c) Signature and verification by attorney If a person is absent from the county where his or her attorney's office is located, or for some other cause is unable to sign or verify a pleading, the attorney may sign or verify it, unless the person is, or is seeking to become, a fiduciary appointed in the proceeding.

A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery.

A verified complaint has a statement at the very end of the complaint, after the attorney's signature (or the plaintiff's signature if there is no attorney), that is signed under penalty of perjury stating that the statements in the complaint are true.

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.

In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.

Under Rule 7004(f), the summons must be served within 10 days of issuance. The other pleading periods in adversary proceedings are the same as those in civil actions before the district courts, except that the United States is allowed 35 rather than 60 days to respond.

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California Summons in Adversary Proceeding - B 250A