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What to Do If You Receive a Writ of Summons. As the defendant, after receiving a writ, you must then decide if you wish to contest the claim. If you choose not to contest the claim, the plaintiff can apply for a judgment without trial.Subsequent to your appearance, you must then serve your defence on the plaintiff.
Once the court has accepted your complaint, a "Writ of Summons" will be issued and you must be sure the defendant is notified of the case through a legal procedure called service of process. The Writ of Summons has an expiration date, so pay close attention to the date by which you must have the defendant served.
In order to let the opposing party, or defendant, know you are filing a civil action, you must serve the opposing party with a copy of your complaint. This service is accomplished by issuing a summons through the Clerk's Office. The Court has a standard summons form.
Defend yourself in court; File a cross claim, counter claim or third party claim; Assert that the Writ of Summons was not served properly; or. Simply ignore the debt collection case.