Massachusetts Notice - served with Complaint and Summons

State:
Multi-State
Control #:
US-01237
Format:
Word; 
Rich Text
Instant download

Description

This is an instructive Notice meant to accompany a summons and complaint initiating civil litigation. The Notice informs the defendant of the proper actions to take regarding the complaint and the consequences of not following the proper procedure in responding.
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FAQ

NOTE: Service of the SUMMONS and COMPLAINT on the defendant must be made within 90 days from the date the complaint was filed or the case will be subject to dismissal. See Rule 4(m), Federal Rules of Civil Procedure. For more information, read Rule 4 of the Federal Rules of Civil Procedure or contact the PRO SE Clerk.

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 ...

Tell the server to: Give the papers to a responsible adult where the Defendant lives, or to someone in charge where the Defendant works. Say, ?These are court papers.? Then, mail (first-class) a copy of the papers to the Defendant at the same address where s/he left the papers.

From the date of notice of the denial or indication, the moving party (the party obligated to respond to the pleading) has 10 days to serve his response unless the court orders otherwise. If the court grants the motion, the pleading is stricken (that is, the complaint is dismissed or the answer is stricken).

Mail or deliver the original answer to the court clerk. You have five days from the day you gave a copy to the plaintiff to get the original to the court. You can file your answer at court first, but you must give your answer to the plaintiff the same day you fill out the certificate of service.

The Summons will list the date and time of a hearing along with the location of the courthouse and will also list the criminal charges being brought by the Commonwealth. The Summons will notify the recipient of the scheduling of one of the following court events: 1. Arraignment.

How to respond In person + File your answer in the court that is hearing your case. Court staff will place it in the numbered file folder with the plaintiff's complaint and any other documents filed in the case. ... By mail + Send your forms to the court that is hearing your case. ... Online + You can file online at eFileMA.

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 ...

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Massachusetts Notice - served with Complaint and Summons