California AO-440 Summons in a Civil Action

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Multi-State
Control #:
US-FED-D-0009
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This form is for use in handling a procedural matter in a federal court proceeding.
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FAQ

You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.

A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender.

Summons (SUM-100)

Have the Sheriff in the courthouse closest to where the Defendant lives or works serve your claim. If the Defendant lives in another County you must contact that County's Sheriff Civil Process Unit to determine what their process is to serve court papers. The Fee is $40.

If someone does not accept the documents being served, and repeated attempts have been made by the process server, the party trying to serve the documents may bring a motion in court for an order allowing them to use an alternative or substitute method of service.

Generally, They can't leave the documents at your door, but if they have tried to deliver the documents directly to the person being sued; or have tried delivering the documents to a substitute person of suitable age and discretion at the place of business or the home of the person being sued, then the process server ...

Ask a friend or relative to serve the papers. Or, you can pay the Sheriff's Department or hire a ?process server.? Look in the Yellow Pages, under ?Process Serving.? Remember: The server must: Be 18 or over. Not be involved in your case.

In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.

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California AO-440 Summons in a Civil Action