This is a sample summons to Circuit Court that is served upon a defendant. It emphasized the importance of a response to the complaint.
This is a sample summons to Circuit Court that is served upon a defendant. It emphasized the importance of a response to the complaint.
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Generally, process servers make at least three attempts to serve somebody. These attempts are normally made at different times of day and on different days to maximize our chance of serving the papers.
Can Someone Refuse to Be Served Papers? No, in California a person cannot refuse to accept service. If we can identify a person on whom legal service can be made either personally or by sub-service and they refuse to accept the documents, we can absolutely still serve them.
Defendants That Avoid Being Served Risk Forfeiting Their Rights. The best reason to not pursue a strategy of avoiding being served with legal documents is that it can cause you to forfeit your legal rights, creating consequences potentially much worse than the lawsuits themselves.
Service herein may be made by any person not less than eighteen (18) years of age who is not a party and who has been designated by order of the court. On request, the clerk shall deliver the summons to the plaintiff or the plaintiff's attorney for transmission to the person who will make the service.
You can ask anyone over 18 (not yourself) to serve the divorce papers. Your server may be a friend, family member, the local Sheriff or a professional process server. If you are asking a friend or family member to serve the documents, make sure the person is familiar with the rules of special service.
Failure to respond to a Summons and Complaint is a dangerous game. If you have been properly served, a default judgment may be entered against you fail to show up in court. Any defenses or counterclaims that you may have had may be forever lost.
What if the person being served refuses to accept the papers? In most cases, a defendant or target does not have to formally accept service in order for it to be considered effective. If the defendant comes to the door but refuses the papers, the process server may just have to leave them at their feet and walk away.
Answer each issue of the complaint. Assert affirmative defenses. File the answer with the court and serve the plaintiff with answer.
There are no licensing or registration requirements to become a process server in Alabama. However, you will need to be designated by the courts before you can work as a process server. Private process servers are active in the State of Alabama.