\u00a9 2023 wikiHow, Inc. All rights reserved. 2. Here is an example of a summons: Rule 7 of the Federal Rules of Civil Procedure requires that a lawsuit contain a complaint by the plaintiff's attorney and an answer by the defendant's attorney. Within (20) (45) days of receiving this summons, you must respond with a written demand for a copy of the complaint. Unfortunately it will not go away on its own, and all you get by ignoring is a guarantee that you are going to lose and end up in a worse financial state than before. 250. This site does not create an attorney-client relationship. Getting sued for debt collection on top of everything else may feel like too much to take. In lieu of delivering the copy of the summons to the officer specified, the copy may be left in the office of such officer, director or managing agent with the person who is apparently in charge of the office. Notice of a third-party subpoena issued for discovery purposes shall be provided to all parties at least 10 days before the scheduled deposition in order to preserve their right to object. Service upon an agent of the insurer is not valid unless a copy of the summons and proof of service is sent by registered mail to the principal place of business of the insurer within 5 days after service upon the agent. You should choose box #1 if the matter is not contested (admit), or box #2 if the matter is contested (deny). Step 4: Move, file with the court, or comply with . Additionally, there is a fee of $125.50 to file a counterclaim. 3. Garnishee uses this form to answer a non-earnings garnishment Complaint. It's best to avoid a default judgment like the plague and file a response with the court before the 20-day deadline. Share this post. Jennifer Mueller is an in-house legal expert at wikiHow. 5. Learn how you can beat each one. Step 1: Learn how the eviction process works. By any arbitrator, coroner, medical examiner, board, commission, commissioner, examiner, committee or other person authorized to take testimony, or by any member of a board, commission, authority or committee which is authorized to take testimony, within their jurisdictions, to require the attendance of witnesses, and their production of documentary evidence before them, respectively, in any matter, proceeding or examination authorized by law; and likewise by the secretary of revenue and by any agent of the department of agriculture, trade and consumer protection. Counterclaims and cross claims against an existing party may be served as provided in rule 5. Horrigan v. State Farm Ins. If you do not provide a proper answer within 45 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. 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