The District of Columbia AO-440 Summons in a Civil Action is a legal document used in the District of Columbia's court system to initiate a civil lawsuit. It serves as a notice to the defendant that they are being sued and must respond to the allegations raised by the plaintiff. This particular summons is governed by Rule 4 of the Superior Court of the District of Columbia's Rules of Civil Procedure. It outlines the necessary information required to properly notify the defendant of the lawsuit and their obligations to respond. The AO-440 Summons complies with the specific format and content required by the court. The key information contained within the AO-440 Summons includes: 1. Identification of the Court: The summons indicates the name of the court where the lawsuit has been filed, such as the "Superior Court of the District of Columbia." 2. Title of the Case: The summons includes the plaintiff's name, the defendant's name, and any other parties involved in the lawsuit. It typically starts with "Civil Action" followed by the case number assigned to the lawsuit. 3. Plaintiff's Attorney: The summons includes the contact information of the attorney representing the plaintiff. This information helps the defendant to communicate with the plaintiff's counsel regarding the case. 4. Defendant's Obligations: The summons specifies the defendant's obligations, such as the requirement to file an answer or other responsive pleadings within a specific timeframe (usually within 20 days from the date of service). It also mentions the potential consequences of failure to respond. 5. Service Information: The summons includes details about how it should be served to the defendant. It specifies the acceptable methods of service, such as personal service, certified mail, or through an authorized agent. 6. Additional Instructions: The AO-440 Summons may contain additional instructions, depending on the specific case or court requirements. These instructions may include information on how to obtain a copy of the complaint or any other relevant documents. It is important to note that there may not be different types of AO-440 Summons in a Civil Action. The AO-440 Summons generally follows a standardized format in the District of Columbia court system. However, it is always prudent to consult the specific rules and regulations of the Superior Court of the District of Columbia for the most accurate and up-to-date information regarding the summons and its variations, if any.
District of Columbia AO-440 Summons in a Civil Action
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How to fill out District Of Columbia AO-440 Summons In A Civil Action?
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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.
Follow these three steps to respond to a Complaint and Summons in Washington and avoid a default judgment: Answer each issue listed in the Complaint. Assert affirmative defenses. File the Answer with the court, and serve the plaintiff.
? A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A party served with a pleading stating a crossclaim against him shall serve an answer thereto within 30 days after service upon him.
The Summons says that you have been sued. The creditor or debt buyer is the ?plaintiff? and you are the ?defendant?. The Complaint explains why the plaintiff is suing you and what it is asking the court to do. THIS IS NOT A CRIMINAL CASE. A lawsuit to collect an unsecured debt is a civil action, not a criminal charge.
Remember that under Rule 4, if the summons is not served within 60 days, it becomes dormant. Service of a dormant summons, i.e., a summons that is more than 60 days but no more than 90 days old, is salvageable, but you do not want to go there.
If a defendant is not served within 90 days after the complaint is filed, the court?on motion or on its own after notice to the plaintiff?must dismiss the action without prejudice against that defendant or order that service be made within a specified time.
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.
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or ?serve?) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.