New Mexico AO-441 Third Party Summons - Civil Action - Federal District Court Official Form

State:
Multi-State
Control #:
US-FED-D-0010
Format:
PDF
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This form is for use in handling a procedural matter in a federal court proceeding.
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  • Preview AO-441 Third Party Summons - Civil Action - Federal District Court Official Form
  • Preview AO-441 Third Party Summons - Civil Action - Federal District Court Official Form

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FAQ

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or ?serve?) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.

The territorial jurisdiction of the Tenth Circuit includes the six states of Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, plus those portions of the Yellowstone National Park extending into Montana and Idaho.

A Proof of Service is a document filed with the Court to show that the summons and complaint were successfully served on the defendant in a lawsuit. After the U.S. Marshal Service serves the summons and complaint, a return receipt, ?green card? (PS Form 3811), will be mailed to the plaintiff, to show proof of service.

After the Defendant is served with the Complaint & Summons, the Defendant must file an Answer or some other pleading (such as a Motion to Dismiss) within 20 days.

Fill out form MC 03 (Answer, Civil) on the website or get a paper copy from the court to fill out. Write in the court number, case number, the court address, the court telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on your court papers.

(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion. (B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.

(1) On the expiration of the summons as provided in subrule (D), the action is deemed dismissed without prejudice as to a defendant who has not been served with process as provided in these rules, unless the defendant has submitted to the court's jurisdiction.

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New Mexico AO-441 Third Party Summons - Civil Action - Federal District Court Official Form