Montgomery Maryland Notice - served with Complaint and Summons

Name: Montgomery Maryland Notice - served with Complaint and Summons
Brand: US Legal Forms
Rating: 4.64 (479 reviews)

Category:

Civil Procedure - Notices

State:

Multi-State

County:

Montgomery

Control #:

US-01237

Format:

Instant download

Description

This is an instructive Notice meant to accompany a summons and complaint initiating civil litigation. The Notice informs the defendant of the proper actions to take regarding the complaint and the consequences of not following the proper procedure in responding.

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How to fill out Montgomery Maryland Notice - Served With Complaint And Summons?

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FAQ

Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.

A Writ of Summons issued by the Circuit Court is only good for 60 days, so you must have the other party served within those 60 days. You will have to ask the Clerk of Court in writing to issue a new Writ of Summons if the other side has not been served within 60 days.

Essentially, a summons stipulates all the specifics of the case someone (the Plaintiff) is instituting against you (the Defendant). A section of the summons or an attached document appropriately called The Particulars of the Claim, will summarise what the case against you is.

In order to let the opposing party, or defendant, know you are filing a civil action, you must serve the opposing party with a copy of your complaint. This service is accomplished by issuing a summons through the Clerk's Office. The Court has a standard summons form.

You could also choose to ignore the summons. However, if you fail to respond within 15 days of receiving the summons, you may lose the case automatically (called a default judgment). Read more about Default Orders & Judgments in Maryland.

The court rules provide you with 10 business days from the day you received the summons to notify the Plaintiff or their attorney that you intend to defend yourself. At this stage, you should contact an attorney to seek legal assistance and advice regarding the claim against you.

There are three ways to serve someone: by certified mail, sheriff, and private process. Select how you wish to have the Defendant served by checking the box on your Complaint form. The clerk creates a summons and mails it to the defendant. The clerk will collect a fee for this service.

The summons has an expiration date. If the summons is not served on the defendant before it expires, return the summons to the court. If your attempt at service is not successful, you may try again. Return to the courthouse and file a Request for Renewal of Writ of Summons. This is form DC-CV 10.

A subpoena can be served by a sheriff for a fee or a person who is not a party to the case and is not less than 18 years of age. You must serve the subpoena within 60 days from the issue date on the form. A subpoena is not valid after the 60 day deadline.

More info

Fill in a complaint Form 5A and outline your statement of claim. IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA.Need to receive a courtesy copy of the e-filing notices should be entered in this section. Note: The civil complaint form is for use in filing small claims. Summons or other Process. Issuance. The addresses and telephone numbers of these courts are in the city telephone directory. Which counties they serve. All elements of the offence are included in the complaint.

Montgomery Maryland Notice - served with Complaint and Summons

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