Where can I find a form to respond to a summons?
Full Question:
Answer:
Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. A misnomer, where a plaintiff sues and serves the correct party but calls that party by the wrong name, is generally not a ground for dismissal, and the name of the party may be corrected. The court will typically not dismiss the complaint if the plaintiff used reasonable diligence in obtaining service. A person may be deemed to have actual notice of the lawsuit, despite the fact that the process and complaint are in other than the party's correct name.
If a party avoids service, the court may allow service to be made by alternative means that don't require personal delivery, called substituted service. A failure to respond after substituted service is made may result in a default judgment being entered against that party.
If you believe that you are not the proper person sought to be made a party to an action, and that there has been a mistake in identity, rather than a misnomer, it is possible to file a motion to dismiss the complaint and/or quash service of the summons.
A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Since, under rules of procedure, allegations not specifically denied are deemed admitted, failure to file a responsive pleading will generally result in the entry of a default judgment against the defendant. When a complaint is filed and the defendant fails to file an answer within the applicable time period, a default judgment may be entered against the defendant.
An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. A counterclaim or cross claim may also be asserted.
The specific response will depend on the nature of the lawsuit and the issues involved. We can assist you with searching to locate forms or we can draft and add forms you may need to our database. However, we cannot advise you to use one particular form over another that address the same matter. We can show you what is available. You can take a look at the answer forms and see if they fit your need. If they do not, let me know and we may be able to add a form for your need.
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