Law & Legal & Attorney Contract Law

How to File a Summons

    • 1). Determine where your defendant has his or her residence. You will be filing paperwork with the court in the county in which the defendant resides.

    • 2). Visit the website for the court in which you are going to file to obtain a downloadable summons and complaint form, or visit the court's offices in person.

    • 3). Fill out the summons and the complaint and file them with the court's office. Remember that these are the first documents that have to be filed in order for a trial or hearing to commence.

    • 4). Check and double-check your summons and complaint to make sure that all words, titles, and businesses are listed correctly. It is very important to have the wording in your summons spelled properly. You can contact the commerce secretary of the state in which you are filing to make sure you have the business's name and type of business spelled correctly.

    • 5). Take the complaint to a notary or court clerk to have it verified. By signing the verification to the court, you assure the court that it is being brought due to a legitimate complaint in good faith and not in a move to harass the defendant.

    • 6). Have the summons delivered to the defendant by a person who is over the age of 18 and is a disinterested third party.

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