AO-440 Summons in a Civil Action
Description Form Ao 440
How to fill out AO-440 Summons In A Civil Action?
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Ao 440 Summons Other Form Names
FAQ
1feff In civil lawsuits, a summons is issued to the defendant in the lawsuit, requiring his or her presence to defend a case. For example, if someone sues you in small claims court, the court sends out a summons requiring you as the defendant to attend the hearing at a specific place and time.
A civil summons is a serious matter. It is "notice" that you have been served with a lawsuit and that if you do not answer the summons and complaint (also served upon you at the time the summons was served) within the stated period of time, a default and default judgment could be entered against you in that matter.
Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
WHAT HAPPENS AFTER I FILE MY ANSWER? Your Answer will go into the court's file. You have to keep one copy and send a copy of it to the attorney on the other side. The Clerk will then give you a date to come back to court or tell you that you will get a date in the mail.
The summons is a written document that identifies the court in which the lawsuit will be heard, contains the signature and seal of the clerk and the court, and identifies the parties involved in the lawsuit.
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
A summons is a paper issued by a court informing a person that a complaint has been filed against her. It may be served by a sheriff or other authorized person for service of process, called a process server.