Summons in a Civil Action

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US-FED-AO-440
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Description

Summons in a Civil Action

A Summons in a Civil Action is a court document that is issued to a defendant in a civil case. It is a formal notification that a lawsuit has been initiated against them and that they must appear in court and provide a response to the allegations. Summons in a Civil Action can be issued by a clerk of court or a lawyer. There are two types of Summons in a Civil Action: a Summons and Complaint, which includes the formal allegations made by the plaintiff against the defendant; and a Summons Only, which includes the notice of the lawsuit but does not include the specific allegations. Both types of Summons in a Civil Action require the defendant to appear in court at a specific time and place to answer the charges.

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FAQ

What is a Florida summons and complaint? A summons is an official written notice of a lawsuit that is served to the person or entity being sued. A summons is served on all involved parties and includes the date of the first court appearance for the lawsuit and a summons informs you that you must respond to the lawsuit.

You are required to file your Answer with the Clerk of Court and send a copy to the Plaintiff. You may serve your Answer by delivering a copy to the Plaintiff or by mailing it to the Plaintiff's last known address.

The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.

You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.

A summons is an official notice from the Court notifying the defendant(s) they are being sued. The summons also informs the defendant(s) that they must answer the complaint in a certain amount of time. If the complaint is not properly served on the defendant(s), the case may not proceed.

You may be able to respond to your summons by submitting your defense online or by mail. Please visit the Hearing Online page and the Hearing by Mail pages to learn if your summons is eligible. If so, OATH must receive your written defense submission prior to the scheduled hearing date.

To file your answer, you may deliver it in person or send it by mail to the Pro Se Office. You must attach a completed affirmation of service to the original answer you file with the court. if the plaintiff is not appearing pro se) to consent to an enlargement of time.

By delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first

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Summons in a Civil Action