Arkansas Sample Letter for Summons and Complaint
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How to fill out Sample Letter For Summons And Complaint?
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FAQ
If you have been sued, you have 30 days to file a written answer. You must do this to preserve any rights or defenses you may have. You must file the response with the clerk of the court where the lawsuit was filed. You must also send a copy to the creditor's attorney.
Rule 12 substitutes the word "file" for serve and requires that the responsive pleading be filed within the time prescribed by this rule as opposed to serving the pleading as is the case under FRCP 12. By using this terminology, it is believed that arguments can be avoided as to when a pleading was served.
If the party being served is a person, the papers can be mailed to his or her home or mailing address. If you are giving notice to a business, the papers must be mailed to the owner(s) at the business' main office. If the business has an agent for service, then the papers should be mailed to the agent.
Signing an entry of appearance and waiver of service only means that the party signing the document is giving up his/her right to be served by a sheriff's deputy. It does not mean they agree with the lawsuit or are giving up their right to notice of when any hearings are to be held.
If you know their address, you can notify them in person or by mail (see Service by Mail). Personal service must be made by: A sheriff or deputy of the county where service is to be made. Any person appointed by the court to serve a summons.
A defendant shall file an answer with the clerk of the court within thirty (30) days after the service of the complaint upon the defendant. An answer to a cross-claim and a reply to a counterclaim shall be filed with the clerk of the court within 30 days of the date that the pleading asserting the claim is served.
Rule 12 - Defenses and Objections; When and How Presented; by Pleading or Motion; Motion for Judgment on The Pleadings (a)When Presented. (1) A defendant shall file his or her answer within 30 days after the service of summons and complaint upon him or her.
The defendant should file a written response, called an answer, to the plaintiff's complaint. The answer should tell the defendant's side of the story. If the defendant feels he has a claim against the plaintiff, the defendant may wish to file a counterclaim against the plaintiff.
