Mississippi Summons By Publication - Response Required
What is this form?
A summons by publication is an official court document that provides legal notice of a lawsuit to the party being sued. Unlike standard summons, which require personal delivery, this form is used when the party cannot be located. Upon receiving this summons, the defendant is legally obligated to respond to the complaint, failing which a default judgment may be imposed against them. This form is essential for civil actions, ensuring due process and proper notification under the law.
What’s included in this form
- Date the summons is issued
- Name and addresses of the plaintiff and defendant
Situations where this form applies
This form is needed in situations where the defendant cannot be personally served with a summons. Common scenarios include cases where the defendant's whereabouts are unknown, or they are intentionally avoiding service. By using a summons by publication, you can fulfill legal notification requirements, allowing the lawsuit to proceed even without the defendant's physical presence.
Who needs this form
- Plaintiffs in civil cases who need to notify defendants who cannot be located
Instructions for completing this form
- Identify the parties involved, including the full names and addresses of both the plaintiff and defendant.
- Fill in the date the summons is issued, ensuring it aligns with the court's timeline.
- Enter the court case number assigned to your legal action.
- Describe the nature of the complaint or legal action you are initiating.
- Provide clear instructions for the defendant on how they can respond to the summons.
- Sign the form as required, usually at the end, confirming the authenticity of the document.
Does this document require notarization?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to include accurate and complete information for both parties
- Not following state-specific rules regarding publication
- Ignoring the deadline for the defendant's response
- Omitting a signature or date on the form
Why complete this form online
- Convenience of downloading from anywhere at any time
- Editable templates that allow customization for specific cases
- Reliability of forms drafted by licensed attorneys
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FAQ
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.
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.
Serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to attempt to notify a defendant who is intentionally absent, in hiding, or at an unknown address.
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.
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.
A summons served personally upon the defendant or by substituted personal service upon another authorized to accept service of the summons for the defendant is deemed served on the day of service. A summons served by publication is deemed served on the first day of required publication.
"Service by publication" means that you publish the Summons or other document in a newspaper of general circulation in the area where your spouse or partner is likely to be. For service by publication, you will have to pay the newspaper a fee to publish the document.
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.
In California, if you do not know the whereabouts of a defendant or respondent, you can petition the court for permission to serve the papers by publication. To serve a party by publication means that you publish the Summons and all required documentation in a newspaper of general circulation.
