CT-man Posted August 31, 2018 Report Share Posted August 31, 2018 Received a summons from jdb(calvary) lawyer a little over a month ago. It had a return date of Augsut 21. There is no record of this in court ( I know this because I have a few cases going). I am wondering if this is legal. I had a similar experience (little over a year ago) where this happened and then ( in that particular case) they resent another summons(close to 11 months later) and that was on court records. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 4, 2018 Report Share Posted September 4, 2018 You need to check the CT rules of civil procedure. In some states, such as Minnesota, serving a summons and complaint starts the case without a court filing. In other states, they have to file a case in court prior to serving the summons and complaint. Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 4, 2018 Author Report Share Posted September 4, 2018 ok. i will see if i can find online Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 4, 2018 Author Report Share Posted September 4, 2018 The Summons must be signed by the court clerk or another commissioner of the court prior to being served on the defendant(s). Connecticut Practice Book 8-1 talks about the Summons. mine was not signed by court. just law frim and marshall that served it. i is dated early july 2018 and return dat late augst 2018. but nothing is on the file at court Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 4, 2018 Author Report Share Posted September 4, 2018 actually after reading summons, the attorney is commisioner of the court Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 4, 2018 Report Share Posted September 4, 2018 But the question is, does a case need to be filed with the court before the the summons and complaint is served. That is what you need to find out. Yes, the attorney is a commissioner of the court in most states but the rules must still be followed. Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 5, 2018 Author Report Share Posted September 5, 2018 The Summons is a pre-printed court form, JD-CV-1, that notifies the court and the defendant that you are starting a lawsuit. The Summons notifies parties that you are suing them; the Complaint tells them why. If you are suing more than one defendant, each defendant, must receive a copy of the Summons and the Complaint. The Summons must be signed by the court clerk or another commissioner of the court prior to being served on the defendant(s). Connecticut Practice Book 8-1 talks about the Summons. then it goes onto to say( after return of service from marshall? You will file the Return of Service with the court along with the Summons and Complaint. Quote Link to comment Share on other sites More sharing options...
CT-man Posted September 5, 2018 Author Report Share Posted September 5, 2018 there is also this Return of Process: Process (summons, complaint, and State Marshal's return of service) in a civil action shall be returned (except in summary process actions and petitions for paternity and support) to the Clerk's Office at least six days before the Return Day. (Connecticut General Statutes§ 52-46a) this return date was in late August. Quote Link to comment Share on other sites More sharing options...
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