Massachusetts Trustee Writ-Summons-Civil is a legal document issued by a court in Massachusetts. It is used to compel a defendant to appear in court to answer a complaint or to enforce a judgment. It is issued by a trustee in cases where the debtor is unable to pay a debt or judgment. There are three main types of Massachusetts Trustee Writ-Summons-Civil: 1. A Summons to Show Cause: This type of trustee writ summons the debtor to appear in court and explain why they have not paid a debt or judgment. 2. An Execution Summons: This type of trustee writ orders the debtor to appear in court and turn over any assets in their possession to the trustee to help satisfy the debt. 3. A Sequestration Summons: This type of trustee writ orders the court to seize and hold property owned by the debtor to help satisfy the debt.
Massachusetts Trustee Writ-Summons-Civil
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FAQ
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Notice must be written.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
The court, upon request of the parties, in any case where the parties agree in writing as to all the material facts, may report the case to the appeals court for determination without making any decision thereon.
The defendant must sign the original summons where it says ?Acceptance of Service? in the presence of a notary public, and you must then deliver the original summons signed by the defendant to the court as proof of service. You can often find a notary public at a bank, and most attorneys are also notary publics.
Rule 4 of the Federal Rules of Civil Procedure provides that service on a defendant can be accomplished either through ?personal service? of a complaint and summons or mail service through a procedure called ?waiver of service of summons.?
Upon commencing the action the plaintiff or his attorney shall deliver a copy of the complaint and a summons for service to the sheriff, deputy sheriff, or special sheriff; any other person duly authorized by law; a person specifically appointed to serve them; or as otherwise provided in subdivision (c) of this rule.
Rule 5(b) permits service to be made by delivering a copy to the attorney or party (if the party appears pro se), or by mailing one to him at his last known address; or if no such address is known, to the clerk of court. If a party has more than one attorney of record, service upon one of them suffices.
