Guam State Court Summons or Service of Process

State:
Multi-State
Control #:
US-03186BG
Format:
Word; 
Rich Text
Instant download

Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

The statute of limitations on damage to personal property is longer than that of physical injury or death, except in the case of medical negligence. In Georgia, you have the ability to sue for property damage within 4 years of the damage, regardless of whether it is personal or commercial property.

Time Limit- 90 Days If a defendant is not served within 90 days after the complaint is filed, the court ? on motion or on its own after notice to the plaintiff ? must dismiss the action without prejudice against that defendant or order that service be made within a specified time.

The summons shall be signed by the clerk; contain the name of the court and county and the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address; and state the time within which this chapter requires the defendant to appear ...

The Guam Code Annotated (GCA) establish the permanent laws of Guam relating to and in force in Guam.

In general, civil cases have a four-year time period while criminal cases have a two-year time period. If a lawsuit is not filed within the allotted time frame, the individual may be barred from filing the suit at all.

Summons ? By whom served. When service is to be made within this state, the person making such service shall make the service within five (5) days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service.

"Personal service" means that someone ? NOT a party to the case ? must personally deliver the court documents to the other side. In ?personal service?: The server gives the papers to the party being served. It can be at the party's home, work, or anywhere on the street.

The Compiler of Laws is responsible for officially publishing the Session Laws of the Guam Legislature, the Guam Code Annotated and updates thereto, the Guam Administrative Rules and Regulations, Supreme Court of Guam Opinions, Executive Orders and Attorney General Opinions.

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Guam State Court Summons or Service of Process