In 2018, United States district courts witnessed 5% fewer civil cases than last year. But, criminal cases rose to 8%. This is why knowing how to respond to a summons is essential.
A summons is a legitimate document from the court. Court sent a summons to people who have to appear in court for a legal dispute. When you receive a summons and complaint, the latter is a criminal action filed against you.
If you have received a summons and complaint, and wondering what to do and how to reply, then take a deep breath and read on.
Reading a court summons letter
When you get a summons, the first thing is to sign it upon receiving. They are majorly delivered-in person. After opening the document, you will find the name of the court that has issued it. It will also mention the type of court.
Check the party name for whom the summons is intended. In a criminal scenario, it will be you. But if your business gets the summons, it may be you or the person in your company.
The summons will mention your case details and the plaintiff who has filed it against you. It will explain why you have received it and what the case is.
The last thing to check on your summons is the kind of remediation the defendant wants. It will showcase any fiscal remediation or something else.
The next step is when and how to answer the summons and whether you need to appear in court.
Things to do after receiving a summons
Summons is legitimately enforceable. It means you should answer it on the day demanded in the manner it has been asked.
Remember, you can get a summons weeks and months after a crime. While some crimes are instantly handled, others take time and investigative time.
Answering a summons
A summons needs to be answered in two ways. The first is by appearing physically in court, and the second is by filing an answer.
Speaking for the latter, the answer is your response to the complaint. It has to be given in writing, mentioning whether you agree or disagree with the complaint charged against you. It includes the date and sign.
You should file the reply with the court. It works as proof that you filed your reply punctually. Ensuring you get the Certificate of Service on the day you file your response.
Once you are done, you should wait. The court will show your answer to the jury and the plaintiff. And according to your answer, the next legal action is taken.
If you fail to reply, the court may decide in favor of the plaintiff or put out an arrest warrant for you.
Hire a lawyer for your case
Responding to summon punctually after receiving a summons is important. If you fail to answer, the case can go against you.
If you are unable to deal with answering with summons, hire a lawyer who can do it for you.