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What are summons in law

It might be a court or a local or state board or government. For example, a county commission may demand you give testimony in a hearing about a proposed ordinance. The matter - a lawsuit or an investigation. The place, date, and time for your appearance.

A statement of the penalty for not showing up and complying with the provisions of the subpoena. In fact, the term "subpoena" comes from the Latin for "under penalty. For example, if you don't respond to a summons to small claims court as the defendant, the plaintiff gets the judgment the court's decision.

If you receive a summons, you will have a specific amount of time to reply to the summons. What are summons in law most common reason to receive a summons is that someone is filing a complaint against your company. This could be a legal action or a debt.


You should have a Registered Agent for this purpose. In some cases, both company officers and the company itself may be served with a summons. If your business is a sole proprietorship, you will be served with a summons personally.


Note that if the service is not valid or the summons not properly prepared, a motion may be brought to void the entire judgment, and this may occur long after the time period for vacating the default that was entered. Note also that every jurisdiction has its own rules as to service of complaint and summons, appropriate service and motions to vacate and the local law should be carefully reviewed…and updated since the law can be altered over the years.

At times a party will simply seek to ignore the summons in exasperation and figuratively or literally throw the summons and complaint on the floor, rage about the fact that they do not want to spend thousands to hire an attorney and will ignore the papers served. What is vital to understand is that every person has the same ability to call in the power of the courts and that is a cherished right in this country. To refuse to comply with the rules of the Court simply means you will lose the case and the court will allow your opponents to prevail and seize your property. You are not making a point by ignoring the summons and complaint-you are surrendering and doing it in a way what are summons in law makes prevailing much easier for your opponents.

Even if you feel that service was not properly achieved or that the court has no jurisdiction upon you since you live in another state or country, it is imperative that you appear and so advise the court and do so within the time limits in the summons. And even crazier, some people blame the courts and start to fight them, angry and resentful.


Hill and Kathleen T. All Right reserved. The name of a writ commanding the sheriff, or other authorized officer, to notify a party to appear in court to answer a complaint made against him and in the said writ specified, on a day therein mentioned. By John Bouvier.

Published Want to thank TFD for its existence? It may be served by a sheriff or other authorized person for service of process, called a process server.


The summons states the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions on how to file what are summons in law required response to the complaint within a certain time such as 30 days after serviceusually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server.

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