If you’ve been injured in an accident, you may be wondering how to serve the defendant. The process of serving the person responsible for your injuries is complicated, but it’s important for your case to move forward. There are a number of things that can happen as part of this process: from wrong addresses on summonses being sent out without them being updated, to incorrect addresses being listed on court documents.
What are Summons and Complaints?
Summons and complaints are the two documents that make up a lawsuit. The summons is served to the defendant, informing him or her that you’re suing them in court and what they need to do to participate in the case. The complaint details all of your claims against them (the legal ones). It’s usually filed within 30 days of when you start your investigation on a case, but it can be delayed until after an initial investigation has been completed, as per personal injury lawyer in Calgary.
If you don’t receive any response from anyone after filing your complaint, don’t give up hope! You can refile it at any time within one year by sending another copy via certified mail with return receipt requested so that there’s no chance someone has thrown away their original copy without checking it first (which would mean they’ve lost all legal rights associated with this action).
Always keep a proof of service
Have your attorney make sure that the person being sued is served. This means having them personally sent a copy of the summons and complaint by mail or hand-delivery (if you’re using regular mail). If they live out of state, it might be best to use certified mail because this could cost more than regular mail does.
Giving defendant time to respond
Once the summons has been delivered, wait for at least seven days before filing any court papers with it. This gives time for them to respond before any deadlines pass by (you don’t want to miss anything!). If they don’t respond within those seven days then file whatever documents are necessary—but keep in mind how much time will pass before your case goes forward without anyone’s input!
What is Substituted Service?
Substituted service is the process of serving a defendant who has moved or cannot be found. The defendant may be served by any law enforcement officer, such as a sheriff or marshal. Substituted service can be used to serve a defendant in any state.
Things to know while serving defendant
First, the plaintiff must prove that the defendant was negligent and caused their injuries. If they cannot do this, then it may be possible for them to escape liability entirely.
The second thing is that once service has been completed and served on all parties involved (including any non-party defendants), both sides will have 30 days within which they must respond or else default judgments will be entered against them by defaulting one party or another depending on who files first.
In addition, if there are any counterclaims filed against either side then both parties can file motions with respect to these counterclaims after receiving notice from each other’s attorneys regarding whether or not such motions should be granted based upon whether or not those claims could affect future proceedings related specifically only relating directly back up into earlier parts where things happened earlier before any court date ever occurred later even existed!