what does summon returned to attorney for service mean

by Candida Raynor 5 min read

If the return of service states a defendant's name, this means that the agency could not locate that person at the address. Depending on the agency, it may contact the plaintiff for a different address, and will try to serve the summons on the defendant at a different address, for example, a work address.

Return of service is a written acknowledgment by a process server stating that there was service of legal documents, such as a summons and complaint.

Full Answer

What does a summons tell you?

The summons tells him the court case number and the time period in which he must respond. Serving a Party. Although serving a party is most often accomplished by handing him a copy of the summons and complaint, the person bringing the action usually cannot do this herself.

What is proof of service?

Proof of Service. The person who serves the summons fills in a form called Proof of Service of Summons. The person sets out the time and place she gave the defendant the summons. She signs the proof of service under penalty of perjury and files it with the court.

What is a rule returnable?

A “rule returnable” is a court order that essentially states “The court has received a request for relief. If you wish to be heard with regard to this relief, you must file an answer and/or appear for hearing at such-and-such a time, otherwise the relief may be granted without your input.”.

What is a legal notice?

A “ Legal Notice ” is a notice indicating your opponent that you are preparing to litigate a lawsuit against him in case the so called demand is not fulfilled. Legal Notice is filed generally in civil cases. In criminal cases, no legal notice is filed as action is taken by the State.

What happens if you don't appear in court?

A summons is a court order. If you do not appear , you have violated the court order and may face serious consequences. Laws vary in different states depending on what state you're in , but if you fail to appear in court when ordered, you could be charged with failing to appear or contempt of court.

Can you file a civil suit against the government?

However if you are seeking civil action against government you have to first serve government a legal notice. It is only thereafter that you can file civil suit against government.