Massachusetts Summons To Trustee

State:
Massachusetts
Control #:
MA-SKU-0949
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PDF
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Description

Summons To Trustee

Massachusetts Summons To Trustee is a court order issued by a Massachusetts court to a trustee, or other person holding or managing property or assets belonging to a debtor. This summons is served to the trustee in order to notify them of their responsibility to comply with the court’s orders and to provide information regarding the property or assets in their possession. There are two types of Massachusetts Summons To Trustee: an original summons and an amended summons. An original summons is used when the court requires information or assets from the trustee that have not yet been provided. An amended summons is used when the court needs to modify or update the information provided by the trustee or when the trustee is required to provide additional information.

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FAQ

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

A summons shall be issued by the clerk or any person so authorized by the General Laws. It shall state the name of the court and the title, if any, of the proceeding and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein.

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.

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.

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.

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

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

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.

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Massachusetts Summons To Trustee