How do I serve a summons?
Serving a summons is an integral step in taking legal action in Massachusetts. It is the process of informing an individual that they have been sued and must appear in court to answer the complaint. The person serving the summons must be an adult at least 18 years of age who is not a party to the lawsuit. They may be a private process server, or they may be someone who is not a professional process server. The person serving the summons must be physically present, and the summons must be delivered directly to the person being served. The summons must be served with a copy of the complaint, an affidavit of service, and a return of service. The affidavit of service is a written statement detailing how, when, and where the summons was served. The return of service is a document from the person who served the summons, confirming that it was served properly. When serving a summons, it is important to follow the specific rules of court. For example, if an individual cannot be located, the court may require that the summons be served by publication. This requires the plaintiff to advertise the summons in a newspaper or public announcement. In general, the person being served must be given reasonable notice before the date of the trial. This is so they can prepare a defense and appear in court. It is important to follow the court’s rules and regulations for service carefully. A failure to do so can lead to your case being thrown out or delayed.
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