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

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

Posted

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 Massachusetts Federal District Court. All legal answers are based on Massachusetts Law and are ONLY intended to provide informational purposes. ANY answers should not be considered legal advice and does not form an attorney-client relationship. Therefore, answers should not be relied upon without first seeking the consultation of an independent licensed attorney in your jurisdiction. This post does not intend to solicit business and may be considered attorney advertisement in some jurisdictions. Statements of prior results do not guarantee a similar outcome. www.TheJacobsLaw.com | www.BostonPIAttorney.com

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Stefano Vincenzo D'Agostino

Stefano Vincenzo D'Agostino

Posted

Correction: The case I referred to is Salifu v. WARD.

Asker

Posted

Thank you for responding. Your client and peer reviews on AVVO are encouraging. Would it be possible to set up a free initial consultation?

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