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1 attorney answer It does not need to be notarized, but a copy must be mailed to every other party, in addition to being filed with the court. Be sure to put your name, address, and phone number on it.
If you don't file a response 30 days after you were served, the Plaintiff can file a form called Request for Default. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you. The Plaintiff will win the case.
A summons served personally upon the defendant or by substituted personal service upon another authorized to accept service of the summons for the defendant is deemed served on the day of service. A summons served by publication is deemed served on the first day of required publication.
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.
Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.
Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!
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.
Your response to the complaint should both preserve your rights and also comply with court rules. An incorrect response or a failure to respond to a complaint can have serious consequences, such as the waiver of your rights or a judgment against you.
The most common reason to receive a summons is that someone is filing a complaint against your company. This could be a legal action or a debt. You will be served in person or through your company's Registered Agent.