Received Civil Summons

Was the sheriff knocking on your door? Did it come Certified Mail?

Regardless it sucks and now you really need to do something about it or you are going to get a Default Judgment against you.

The first thing you want to do is check your Court Rules, check what the Plaintiff has attached to the Summons. For example was a Credit Card Agreement attached, Contract or Assignment.

Do they need to be attached to the Complaint when you are served? Check your court rules to make sure.

Now if they are suppose to be attached to the Complaint were they? If not, go back to your Court Rules and see if you can file a Motion to Dismiss in lieu of your Answer. Your motion to dismiss would be for failure to comply with your Court Rule that requires a Contract or Assignment to be attached to the Complaint when served.

If your Court does not have a rule where the Contract or Assignment must be attached you must now Read the Summons and it will tell you exactly how many days you have to Answer the summons before you will be in Default.

Most States give 20 Days, others 30. Check your Court Rules under Pleadings to see how long you have but it is much easier to just read the Summons as it will state you have ________ days to answer the summons.

If you fail to answer your Summons the Plaintiff will file for a Default Judgment against you which will give them the authority to Freeze Your Bank Account & Garnish Your Wages.

If you cannot afford an attorney you really need to look around this site for some help to answer your summons TIMELY or face the consequences.

I know you are nervous & scared about all of this and if you cannot afford a lawyer, I’m sure this site is going to really help you.

Now that you received your Summons you are going to have to file an Answer or Motion to Dismiss if the Plaintiff did not comply with the Court Rule requiring them to attach the Contract or Assignment with the Complaint.

Go to the Answer Category on this site and let’s get this going here.