Louisiana AO-440 Summons in a Civil Action
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How to fill out AO-440 Summons In A Civil Action?
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FAQ
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Service of process is the official way to deliver court papers to someone and notify them of a lawsuit against them.
Unless otherwise directed by the state or defendant, subpoenas shall be served by domiciliary service, personal service, or United States mail as provided in Paragraph B.
How do you write a Summon? Every summons includes the following: the names of the plaintiff(s) and defendant(s), the case number, the place where the lawsuit has been filed, the name and address of the plaintiffs lawyer or the plaintiff, and the date by which the defendant has to respond to the lawsuit.
In addition, a party asking the Court to appoint process server may select the person to be appointed, but the selected person must be: over the age of majority (18 years of age), a resident of the state of Louisiana, and. not a party to the lawsuit.
You are required to file your Answer with the Clerk of Court and send a copy to the Plaintiff. You may serve your Answer by delivering a copy to the Plaintiff or by mailing it to the Plaintiff's last known address.
Acceptance Or Waiver Of Service To waive or accept service, the other party must be willing to accept a certified copy of the citation and petition and sign a written waiver. In cases of divorce, the written waiver must be in the form of an affidavit sworn and signed by the other party before a notary public.
Generally, the 5 steps to filing a lawsuit in Louisiana include: Investigate. Gather all relevant evidence. Write the petition for damages. File the petition for damages in the correct court. Serve the petition and summons on the defendant.
You should immediately contact a lawyer. You will typically need to file an answer to the plaintiff's complaint within 30 days. Failure to file your answer in the required time period could result in a judgment being entered against you by default.
If the summons is not served within the time allowed upon every party named in the summons, it shall be returned immediately upon the expiration of such time by the officer to the clerk of the court who issued it with notation thereon of its nonservice and the reasons therefor as to every such party not served, but ...