Minnesota Sample Letter for Letter transmitting Summons by Publication

• Category: Letters - Legal - Summons
• State: Multi-State
• Control #: US-0955LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Transmittal of Summons by Publication — [Case Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing to provide you with a detailed description of the process and requirements for transmitting Summons by Publication in the state of Minnesota. In [Case Number], it has come to our attention that the defendant, identified as [Defendant's Name], residing at [Defendant's Address] within Minnesota, cannot be personally served with the summons due to their unavailability or unknown whereabouts. Consequently, we are requesting the court's permission to notify the defendant through publication. Summons by Publication is a legal method of serving process, as prescribed by the Minnesota Rules of Civil Procedure, Rule 4.04, when personal service cannot be achieved. This process involves publishing a notice of the lawsuit in a designated newspaper, typically the official legal newspaper within the county where the action is being filed. As per the Minnesota Statutes — Chapter 543, there are certain requirements that must be met when transmitting Summons by Publication. Here, I have outlined the necessary steps: 1. Preparing the Summons and Complaint: We have enclosed a copy of the Summons and Complaint for your reference. These documents should contain all the necessary information regarding the lawsuit, including the name of the court, case number, parties involved, nature of the claim, and requested relief. 2. Affidavit of Diligent Search: Before proceeding with Summons by Publication, it is crucial to demonstrate that diligent efforts have been made to locate and personally serve the defendant without success. As required by the court, we have prepared an Affidavit of Diligent Search, which outlines the methods employed to locate the defendant. Please review the affidavit and ensure its accuracy. 3. Selection of Newspaper: According to Minnesota law, the Summons must be published in a newspaper within the county where the lawsuit is being filed. We have identified [Name of Newspaper], located in [City], as the appropriate publication for this purpose. However, if you have any objections or alternative suggestions, please let us know immediately. 4. Publication Period: The Summons should be published once a week for a total of four consecutive weeks. The publication period begins within ten days of the court's order allowing Summons by Publication. The order will be obtained after submission of the necessary documents to the court. 5. Costs and Fees: It is essential to note that the costs associated with publishing the Summons are typically the plaintiff's responsibility. Upon receipt of the court order, we kindly request you to promptly provide us with the required fees to initiate the publication process. Once the Summons has been published for four consecutive weeks, the defendant will be deemed served with the lawsuit. However, it is crucial to consult an attorney or carefully review the applicable statutes and rules to ensure compliance with all legal requirements. If you have any questions or need further clarification regarding the Summons by Publication process, our office stands ready to assist you. Please do not hesitate to reach out to us via phone at [Your Phone Number] or email at [Your Email Address]. Thank you for your attention to this matter, and we appreciate your cooperation in facilitating the Summons by Publication process. Sincerely, [Your Name] [Your Title] [Your Law Firm/Organization Name]