Mississippi Summons with Sheriff's Return
Description
Definition and meaning
The Mississippi Summons with Sheriff's Return is a legal document issued by a court to notify a defendant that a lawsuit has been filed against them. It includes a command to the sheriff to deliver the summons and complaint documents to the defendant or their representative. The purpose of this form is to ensure that the defendant is aware of the legal action and has an opportunity to respond. The sheriff's return serves as proof of service, indicating how and when the summons was delivered.
Who should use this form
This form should be used by plaintiffs in civil cases who want to initiate a legal action against a defendant in Mississippi. It is essential for any individual or entity that is seeking to enforce their rights through the court system. The form is particularly relevant for users who have specific legal complaints, such as contract disputes, property issues, or other civil matters where formal notification is required.
Key components of the form
The Mississippi Summons with Sheriff's Return typically includes the following key components:
- Case caption: Identifies the court, parties involved, and case number.
- Notice to defendant: A warning to the defendant about the importance of the summons and the need for timely action.
- Response requirements: Instructions detailing how and when the defendant must respond to the complaint.
- Clerk's certification: A signature and seal from the court clerk confirming the issuance of the summons.
- Sheriff's return section: A section for the sheriff to document how the summons was served.
State-specific requirements
In Mississippi, there are specific requirements for completing the Summons with Sheriff's Return:
- The summons must be issued by the appropriate court based on the nature of the case.
- The documents must be served within a specific time frame, typically within thirty (30) days from the issuance date.
- The sheriff must provide a detailed return indicating how the service was carried out.
It's essential to understand these requirements to ensure that the summons is valid and enforceable.
How to complete a form
To complete the Mississippi Summons with Sheriff's Return, follow these steps:
- Fill out the case caption at the top, including the court's name, county, and the parties involved.
- Add the civil action number, which can usually be obtained from the court clerk.
- Clearly state the defendant's name and address to ensure proper delivery.
- Complete the section detailing the plaintiff's attorney's information, if applicable.
- Review the form for accuracy and completeness, then sign it as required.
Keep a copy of the completed summons for your records before filing it with the court.
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FAQ
Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.
It means the process server was not able to serve you (NS=not served). It is possible they will try again.
A summons is a paper issued by a court informing a person that a complaint has been filed against her.After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served.
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.
After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served.
1 : legally required to be returned, delivered, or argued at a specified time or place a writ returnable on the date indicated.
Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
1 attorney answer It does not need to be notarized, but a copy must be mailed to every other party, in addition to being filed with the court. Be sure to put your name, address, and phone number on it.
Legal Definition of non est inventus : the return of a sheriff on a writ or process when the defendant or person to be served or arrested is not found in the jurisdiction.