If you sue someone, you must serve them with a Summons. This gives them notice of the lawsuit. “Service of process” is the formal name for giving a defendant a Summons to come to court. You cannot serve the defendant yourself.

How are summons served?

Once a Summon is signed by the Presiding Officer/Judge and seal of the Court is affixed, the Summon is then given to a Police Officer to serve the same on the person summoned to the Court, ideally the summon should be served personally on the person who is summoned by tendering the duplicate copy of the summon.

What happens if I get a summons without a complaint?

If the defendant get summons without a complaint, then the defendant does not know how to answer. As a result, all civil action will start with a summons and complaint. When you are served with a summons and complaint, the time starts ticking with respect to how long you have to answer.

Can a process server serve a summons and complaint?

The only exception to this rule is if the summons and complaint are served at the defendant’s home. A process server can leave the summons and complaint at defendant’s home address with any suitable adult (someone at least fourteen years old who lives there).

Can a complaint be served over the phone?

Since a summon or complaint is needed to file a lawsuit, it is not possible to serve someone over the phone. You can’t be served with a complaint or summon by phone, fax, or voicemail unless your legal representative makes an arrangement for doing so. A summon or complaint has to be delivered physically.

What happens if you fail to serve a complaint?

If you fail to serve the defendants within 120 days, your complaint will be dismissed. If you will not be able to serve within 120 days, file a motion asking the court to enlarge time for service before your 120 days run. (NRCP 4 (i); JCRCP 4 (i).)