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N. written confirmation under oath by a process server declaring that there was service of legal documents (such as a summons and complaint). ( See: service of process, service)
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.
1Step 1: Complete a Training Program. You need to follow state and federal laws to become a process server.2Step 2: Gain Certification. You may also need to gain a certification or pass a licensure exam to become a process server.3Step 3: Gain Experience.
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.
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.
There are three ways to serve someone: by certified mail, sheriff, and private process. Select how you wish to have the Defendant served by checking the box on your Complaint form. The clerk creates a summons and mails it to the defendant. The clerk will collect a fee for this service.
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.
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.
Don't ignore it. If you do this, the court will simply rule in the issuer or debt collector's favor. Try to work things out. Answer the summons. Consult an attorney. Go to court. Respond to the ruling.