[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Letter Transmitting Summons by Publication Dear [Recipient's Name], I hope this letter finds you well. I am writing to provide you with a detailed explanation of the process and requirements for serving a summons by publication in the state of Arkansas. In certain situations, when the defendant's whereabouts are unknown, serving a summons by publication becomes necessary to ensure that the defendant is made aware of the legal proceedings against them. This method involves publishing the summons in a designated newspaper or publication that is most likely to reach the defendant. As required by Arkansas law, specifically Arkansas Rules of Civil Procedure, Rule 4(f)(1), I have prepared the necessary documents to initiate the process of serving the summons by publication. Enclosed with this letter, you will find the following documents: 1. Cover Letter: This letter serves as an introduction to the recipient, providing a brief explanation of the purpose of the transmittal. 2. Notice of Intent to Serve Summons by Publication: This form notifies the recipient (typically the Clerk of the Court) of the intention to serve the summons by publication, as required under Arkansas law. It includes pertinent details regarding the case and the defendant. 3. Affidavit of Diligent Search: This affidavit outlines the efforts made to locate the defendant and establish their current whereabouts. It is crucial to demonstrate that reasonable attempts have been made to locate the defendant before resorting to serving the summons by publication. 4. Proposed Order: This document requests the court's approval to proceed with the service of summons by publication, attesting to the due diligence displayed in locating the defendant. 5. Summons with Publication Notice: This document combines the original summons with a notice informing the defendant of the pending lawsuit and the requirement to respond within a specified timeframe. I kindly request that you review the enclosed documents thoroughly and complete any sections or fill in any details that are relevant and necessary. Additionally, please ensure that all required signatures and notarization are in place before submitting the documents to the appropriate court. It is prudent to consult with an attorney or seek legal advice if you are unsure of any aspect of the process or the specific requirements set forth by the court. They will be able to guide you through the steps effectively, ensuring compliance with all applicable laws and regulations. Please do not hesitate to contact me should you have any questions or require further assistance. I sincerely appreciate your attention to this matter and your cooperation in facilitating the process of serving the summons by publication. Thank you for your prompt handling of this request. Yours sincerely, [Your Name]
Arkansas Sample Letter for Letter transmitting Summons by Publication
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How to fill out Sample Letter For Letter Transmitting Summons By Publication?
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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.
In a Nutshell You do this by filing official paperwork with the court. Be sure to address every point in the complaint, raise any defenses you have, and file the paperwork within the time frame provided. Debt collectors are counting on you not to answer the lawsuit so that they can win by default. Don't be intimidated!
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.
How do you write a Summon? Every summons includes the following: the names of the plaintiff(s) and defendant(s), the case number, the place where the lawsuit has been filed, the name and address of the plaintiffs lawyer or the plaintiff, and the date by which the defendant has to respond to the lawsuit.
If service of the summons is not made upon a defendant within one hundred twenty (120) days after the filing of the complaint, the action may be dismissed as to that defendant without prejudice upon motion or upon the court's initiative.
A waiver of service is a legal document that can be used in civil lawsuits to save time and costs related to formal service of process. It allows the defendant to voluntarily waive their right to be formally served with the lawsuit papers (such as a summons and complaint) by a process server.
Both documents tell someone they must appear in court Both an appearance notice and a summons are official notices telling a person they have to appear in court at a specific time and place to respond to a criminal charge. If someone is not yet charged with a crime, they might be given an appearance notice.
Entry of Appearance: Templates & More. Filed by an attorney or other lawful agent or representative to inform the court that they represent one of the parties. Also known as: Notice of Appearance, Entry of Counsel, Appearance of Counsel.
