REGARDING A SUMMONS - Is this a properly constructed and served summons?

Asked over 1 year ago - Worcester, MA

Summons served with Defendants name misspelled
Summons served without date or signature by Sheriff back PROOF OF SERVICE OF PROCESS
Summons served with a date witness by court clerk over a year ago

Attorney answers (1)

  1. Stefano Vincenzo D'Agostino

    Contributor Level 12

    1

    Lawyer agrees

    Answered . It is difficult to provide a proper answer without reviewing a copy of the summons. However, generally a defect in a summons served upon a defendant does not warrant dismissal for insufficiency of service of process where the defendant receives notice of the lawsuit and is not deprived of an opportunity to defend. See SALIFU v. SALIFU, 1998 Mass.App.Div. 273. Furthermore, the Plaintiff has 90 days to serve the summons in a civil matter.

    I suggest having an attorney fully review the facts and summons to advise you properly.

    Hope this helps.

    Stefano V. D'Agostino, Esq. is licensed to practice only in the Commonwealth of Massachusetts and the... more

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