As per Lawkidunya, Summons can be used in either a Civil Case or Criminal Case. Specifically, a summons is a document that is an order by a court requiring someone to appear in court. In civil lawsuits, a summons is issued by to the defendant in the lawsuit, requiring his or her presence to defend a case.
Who Serves Court Summons?
Any person who is at least 18 years old and not a party may serve a summons and complaint. By a Marshal or Someone Specially Appointed. At the plaintiff’s request, the court may order that service be made by a United States Marshal or deputy marshal or by a person specially appointed by the court.
How do you Know if a Summons has been Served?
If the complaint and summons were served, you should inquire of the clerk whether or not the defendant(s) has filed an Appearance. If the defendant has not filed an Appearance, you may appear in court on the Return Date to see whether the Defendant appears or not.
Does a Summons have to be Served in Person?
In Small Claims cases, it’s also possible to serve the Summons and Complaint by certified or registered mail. But only the Circuit Clerk’s office can send it, and the person getting sued must sign for it. Of course, you can always voluntarily appear in the case, without having been served.
What Happens if a Summons is Not Served?
A summons usually gives the other side 30 days to file an appearance. If the other party does not respond to the summons, they may not have received it. If the defendant was not served, the person who is suing must serve an alias summons. An alias summons is the second summons.
Can a Summons be Served by Mail?
Some cases allow service by certified mail, such as a small claims cases. You do not need to have someone else serve the defendants. You may deliver the summons and a copy of the complaint by certified mail.
Can I be Sued without being Served?
No it is NOT legal to be sued without notice. When someone is sued, they have to be served with the Summons and Complaint. Even if not served by publication, if you can prove you were not served (e.g., you were out of state on the date they claim they personally served you), you can get the judgment set aside.
Do you have to Sign for a Summons?
Only the Sheriff of the court can deliver a summons in person. Anyone else should get a signature or proof of delivery. The usual means is to deliver via registered letter, or in person requiring a signature.