South Dakota AO-440 Summons in a Civil Action
Description
How to fill out AO-440 Summons In A Civil Action?
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FAQ
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.
What are the basic steps in filing a lawsuit? File the Summons and Complaint. The person starting the case is called the Petitioner or Plaintiff. ... File the Answer. The person being sued is either called the Defendant or the Respondent. ... Prepare the case. ... The judge holds a hearing. ... The judge makes a decision.
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.
? 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.
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.
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.
In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice.
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.