What Should Be Included in a Summons and Complaint? 

When filing a complaint or summons for contempt, you need to serve the defendant with the summons. In most family law cases, you have 90 days to serve the defendant. You also need to serve a tracking notice 7 days before the hearing date. If the defendant does not appear at the hearing, then you need to serve the complaint in contempt within seven days of the hearing date.

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Form 

If you want to initiate a legal action based on a family law matter, you need to know the right forms to file. You may download forms from the court’s website or get them from the clerk’s office. However, the DeKalb County Superior Court does not guarantee that your legal action will be successful. 

The Complaint will state the name of the court where the complaint was filed. For example, it may say Probate & Family Court. The Complaint will also state the division of court where the complaint was filed. 

Contents 

If you’re preparing to file a complaint or summons, you need to know what to expect. The summons contains several different sections that must be followed closely. There may also be additional information contained within the complaint. It is important to make copies of these documents and mail them to the plaintiff and her lawyer. 

The summons will contain the name of the court, the name and address of the parties, and a signature or seal of the court. It will also state the plaintiff’s attorney and the defendant’s name and address. It will also state when the defendant must appear in court or face a default judgment. 

Service 

There are several ways to serve a summons and complaint, including mail and hand delivery. Using a hand-delivered copy will ensure that the other parent receives the information on time. If mail or hand delivery is not possible, the court may choose another method. Regardless of the method used, it is important to have proof of service in the form of an affidavit or proper affirmation from the plaintiff’s attorney. 

Under the Family Court Act, service in a summons and complaint is often made personally. However, in some situations, the summons must be mailed to the respondent, and the court may order substituted service in such a case. 

Proof of service 

Whether to accept the requirement of proof of service in a summons and complaint depends on several factors. In most cases, it is not enough to have the summons served in person; service by mail can also be an acceptable alternative. But in some cases, it is important to have proof of service to avoid losing your case. 

First, you must serve the summons and complaint to the right person. The service should be carried out by an adult who is over 18 years old and who is not a party to the suit. Also, the service must be carried out through certified or registered mail. 

Docket Number 

If you are filing a lawsuit in Massachusetts, you will need to follow a specific procedure. The first step in the process is to file your summons and complaint. This document must be signed by you as the plaintiff. The Court will not make copies for you; you will have to make two copies for yourself and one for the other party. The original forms will be filed in the Court’s file. The clerk will stamp them as filed. 

The docket number can be found at the top right corner of the Complaint or Summons. This number will indicate the type of complaint. The top of the document will say “Complaint for…” It will also contain a numbered list of answers that outline your version of the problem to the court.