Dear [Receiver's Name], I am writing to request the issuance of summons by publication in the matter of [Case Name/Number] in the [Court Name] of [County, Massachusetts]. As the plaintiff in this case, I have been unable to locate the whereabouts of the defendant after conducting diligent and extensive efforts, and it is essential to proceed with the legal proceedings. According to the Massachusetts Rules of Civil Procedure, when personal service cannot be achieved, service by publication may be utilized as an alternative to give notice to the defendant. I kindly ask you to review the information provided and take the necessary steps to initiate the publication process. The defendant in this case is named [Defendant's Full Name], and their last known address was [Last Known Address]. However, all attempts made to serve the defendant at this address have been unsuccessful, leading me to believe that they may have moved without leaving a forwarding address. In my pursuit of locating the defendant, I have taken the following diligent steps to find their current whereabouts: 1. Conducted online searches: I have visited various public record databases, social media platforms, and search engines to find any relevant information regarding the defendant's current residence. However, these efforts have yielded no results. 2. Consulted public directories: I have contacted the local post office, utility companies, and municipal authorities to inquire about any forwarding address for the defendant, but no information has been obtained. 3. Utilized skip tracing services: I have engaged professional skip tracers to trace the defendant's location through extensive database searches. Despite their expertise, the defendant's whereabouts could not be determined. 4. Engaged a private investigator: I have enlisted the services of a licensed private investigator to conduct a thorough investigation regarding the defendant's location. However, even with their expertise and resources, they were unable to provide any information on the defendant's current residence. Based on the above efforts, it has become evident that traditional methods of personal service are not viable in this case. Therefore, I kindly request that you issue summons by publication, in accordance with the Massachusetts Rules of Civil Procedure. As of [Date], I am providing you with the required documents, including the original complaint and all other supporting documentation, as well as the necessary fee for publication. Please review the enclosed materials and proceed with the publication promptly. I kindly request that you publish the summons in an approved legal newspaper within the jurisdiction of the court for [number of weeks] consecutive weeks. Additionally, please provide me with the name and contact information of the newspaper where the summons will be published, allowing me to monitor the publication myself. Furthermore, I request that you mail a copy of the summons by certified mail to the defendant's last known address. This additional measure will ensure that we have exhausted all possible means of providing notice to the defendant. Please provide me with a confirmation of receipt for this request and an estimated timeframe for completion. Should you require any further information or documentation, please do not hesitate to contact me. Thank you for your attention to this matter. I trust that with your assistance, we can effectively proceed with the legal proceedings. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] --- Different types of Massachusetts Sample Letter for Request to Issue Summons by Publication: 1. Sample Letter for Request to Issue Summons by Publication — Divorce Case: This letter would specifically be tailored for a divorce case where one party is seeking to initiate the service of summons by publication to notify the absent defendant. 2. Sample Letter for Request to Issue Summons by Publication — Child Custody Case: This letter would be drafted in the context of a child custody case, where the custodial parent is unable to locate the non-custodial parent to serve them with legal documents, thus requiring the use of summons by publication. 3. Sample Letter for Request to Issue Summons by Publication — Property Dispute: This type of letter would be used in cases involving property disputes, where the plaintiff needs to serve the defendant through publication after exhausting all other means of personal service. 4. Sample Letter for Request to Issue Summons by Publication — Debt Collection Case: In debt collection cases where the defendant is unresponsive or their whereabouts are unknown, this letter would be used to request the court's permission to serve the defendant by publication.
Massachusetts Sample Letter for Request to Issue Summons by Publication
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How to fill out Sample Letter For Request To Issue Summons By Publication?
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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.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
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 ...
In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint.
You may be able to respond to your summons by submitting your defense online or by mail. Please visit the Hearing Online page and the Hearing by Mail pages to learn if your summons is eligible. If so, OATH must receive your written defense submission prior to the scheduled hearing date.
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.
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).
Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.
