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But, now that you filed the lawsuit, you have to let the defendant know formally that you are suing. This is called "service". You have to have all papers "served" on every party in the whole lawsuit. To start your case, you have to have the defendant served with a Summons, Complaint and Civil Lawsuit Notice.
Complaint warrants. Charging by warrant occurs for more serious crimes, and/or when the defendant presents a flight risk, and/or the defendant cannot be located, and/or when the defendant resides out of state.
If you wish to dispute a lawsuit, it is very important that you give an Answer to the Plaintiff before the deadline given in the Summons?usually 21 days. If you do not give the Plaintiff an Answer before the deadline in the Summons, the Plaintiff can get a ?default judgment? against you.
Service by mail shall be made only by the sheriff or by any other person who is at least 18 years of age who is not a party to the proceeding.
Defendant shall serve an answer within 21 days after service of the summons upon that defendant unless the court directs otherwise pursuant to Rule 4.043. A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 21 days after the service upon that party.
The summons and complaint are the papers (called pleadings) that start the lawsuit. These papers tell the court and the other party what happened and explain what relief you are asking the court to give you. The person that starts the lawsuit is called the plaintiff(s).
You must BOTH reply, in writing, AND get a copy of your reply to the person/business who is suing you within 21 days to protect your rights. Your reply is called an Answer. Getting your reply to the Plaintiff is called service.
The summons shall state the name of the court and the names of the parties, be subscribed by the plaintiff or by the plaintiff's attorney, give an address within the United States where the subscriber may be served in person and by mail, state the time within which these rules require the defendant to serve an answer, ...