Massachusetts Trustee Writ-Summons-MBD

State:
Massachusetts
Control #:
MA-SKU-0195
Format:
PDF
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Description

Trustee Writ-Summons-MBD

Massachusetts Trustee Writ-Summons-MBD is a form of legal notice issued by a court in Massachusetts to a debtor who has defaulted on a debt or other obligation owed. The summons informs the debtor of the action being taken against them and the amount they must pay by a specified date. It also provides instructions for how to respond to the summons. The Trustee Writ-Summons-MBD can be issued in two primary forms: a Massachusetts Trustee Writ-Summons-MBD for non-payment of a debt and a Massachusetts Trustee Writ-Summons-MBD for failure to comply with a court order. Each of these forms requires the debtor to appear in court to answer the summons or face the consequences of a judgment against them.

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FAQ

How do I answer the complaint? Read the summons and make sure you know the date you must answer by. Read the complaint carefully.Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff.File your answer with the court by the date on the summons.

There will be no prejudice if the action is dismissed on the court's own initiative or upon motion as to a defendant for failure to serve summons and complaint within ninety days of the complaint being filed and the party whose service was required cannot show good cause why such service was not made within that period

Upon commencing the action the plaintiff or his attorney shall deliver a copy of the complaint and a summons for service to the sheriff, deputy sheriff, or special sheriff; any other person duly authorized by law; a person specifically appointed to serve them; or as otherwise provided in subdivision (c) of this rule.

Trustee process may be used by a party bringing a counterclaim, a cross-claim, or a third-party complaint in the same manner as upon an original claim. Such party may use trustee process, even though the trustee does not reside or maintain a usual place of business in the county where the action is pending.

For successful service on a defendant who is a person, the sheriff or constable must personally hand a copy of the summons and complaint to the defendant, leave the copies at the defendant's last and usual place of abode (last known residence), or deliver the copies to an agent authorized to receive service of process

Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Notice must be written.

Generally speaking, if you were not served then the court can not take legal action against you. Process servers are required to show proof of due diligence when attempting to serve legal documents.

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Massachusetts Trustee Writ-Summons-MBD