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Mississippi Summons by Publication to Appear - Response Not Required

State:
Mississippi
Control #:
MS-61529
Format:
Word; 
Rich Text
Instant download

Description

A summons is an official court document, signed by the clerk, giving legal notice of a lawsuit to the party being sued. Upon 'being served' with the summons (receiving the summons), the party is legally obligated to respond to the petition or complaint filed by the suing party, or face the prospect of a default judgment being rendered against them for the relief sought. This form, a Summons by Publication is a summons for a civil action of the kind stated, or a general use summons. Available for download now in standard format(s). USLF control no. MS-61529

Definition and meaning

The Mississippi Summons by Publication to Appear is a legal document used in situations where a defendant cannot be located for personal service. This summons allows the court to notify the defendant of a legal action against them, even if they do not receive the papers directly. This process typically involves publishing the summons in a local newspaper to reach the interested party.

How to complete a form

Completing the Mississippi Summons by Publication to Appear requires careful attention to detail. Begin by filling out the header with the correct court name and case number. Next, include the plaintiff and defendant's names and addresses. Ensure that you specify the reason for the summons and the date for the defendant to appear in court. Finally, verify the information for accuracy and sign the document.

Who should use this form

This form is suitable for plaintiffs who have initiated a legal action but are unable to serve the defendant directly. It is particularly relevant in cases involving divorce, custody disputes, or other civil matters where the defendant's location is unknown. If you are attempting to establish legal rights or obligations and cannot reach the defendant, this form is necessary.

Legal use and context

The Mississippi Summons by Publication to Appear is utilized in civil court proceedings when traditional means of serving a defendant are impractical. This method serves to fulfill legal requirements for notifying individuals of court actions, ensuring that they have an opportunity to respond to the claims against them.

Key components of the form

Essential components of the Mississippi Summons by Publication to Appear include:

  • Title of the document: Clearly indicate that this is a summons.
  • Plaintiff and defendant details: Include names and addresses to identify involved parties.
  • Case number: Provide the assigned court case number to track the legal proceedings.
  • Date and time for court appearance: Specify when the defendant is expected to appear in court.
  • Issuing Clerk’s signature: Ensure the document bears the signature of the chancery clerk.

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FAQ

A summons is a paper issued by a court informing a person that a complaint has been filed against her.An alias summons is a second summons served when the first attempt at serving a summons is unsuccessful.

After the alias summons is requested, a case administrator will issue the alias summons and you will receive a notice of electronic filing (NEF). Upon receipt of the NEF, complete the certificate of service on the summons or use the fillable PDF version of the certificate of service, LBF 305.

Definition from Nolo's Plain-English Law Dictionary A name used that is not the given name of a person (such as Harry for Harold, initials, or a maiden name, or a criminal's false name). family & personal matters. divorce.

An alias summons means that the plaintiff tried to serve you once before but was unsuccessful. A new summons had to be issued and that is an alias summons. If you do not timely respond to the summons, a default judgment can be taken against you. Please see an attorney as soon as possible.

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.

An alias summons is just the name for an summons when the defendant could not be served the first time. To serve the defendant with an alias summons, you will follow the same steps as you did with the sheriff's office or the clerk's office.

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Mississippi Summons by Publication to Appear - Response Not Required