subject: Summons And Complaint: How Lawyers Can Manage It Efficiently? [print this page] Normally arranged by an attorney, the summons and complaint are filed with the court and served on the defendants. What is a Summons? A summons is merely that-a notification from the court summoning you to court. It will set forth the indispensable information-what court is drawn (e.g., Superior Court), the name of the case (the parties suing each other), a course to file a written reply with the court within thirty days, a forewarning that if no answer is filed a default judgment will be entered, and an admonition to check with an attorney or constable services.
What is a Complaint? The complaint is where the applicant sets forth the legal causes of action against the defendants. Causes of action are the legal claims that the applicant is asserting, such as break of agreement, scam, breach of fiduciary duty, quiet title, partition or dissimilar others. The complaint must state the required components of every cause of action. The complaint doesn't necessarily state all of the particulars but will frequently enlighten enough to put the defendants on "notification" of the claims against them.
Any business proceedings begins with a summons and complaint. Every business should have a procedure it follows when it receives a court case to ensure that the complaint is handled in a timely manner and the sustaining documents are located and secured. The steps state below also insure that you are employing your trial attorney or Massachusetts constable in the most effective and cost-effective way.
If you are a defendant who has been served with a summons and complaint, these are the measures to take. Put down what day you were served. This is the seemingly small point but it is significant for identifying when your response is appropriate. A response is due within thirty days. A diversity of responses are possible. The most common is an Answer, which sets forth common or specified denials of the claims. Nevertheless, it is also possible to challenge the court's jurisdiction (a Motion to Quash for lack of jurisdiction), to challenge the service of the complaint (also a Motion to Quash) or to challenge the complaint as not setting forth a viable cause of action (a Demurrer).
Resort to an attorney. Get a lawyer involved as soon as achievable. Do not wait until the thirty days has run or is about to run. Get a lawyer that has experience in your industry or business. A lot of attorneys will gladly take your business but don't unavoidably have experience in your field. Ask if your business lawyer has trial experience and has handled similar business cases. A corporation may not provide itself in California. It must be represented by an attorney. When you retain the legal professional, the attorney needs time to examine the case and come up with a viable strategy. Use our fast ma process server.
