Significance

• A civil summons is a request by the court for the defendant to appear at the stated date and time to challenge the civil lawsuit. The court issues a summons so that the defendant can have notice that a lawsuit has been filed, naming the defendant as a party. If a defendant fails to respond to a summons, the court may enter a default judgment against the defendant.
  
  

Time Frame

• Depending on the laws of the state, the plaintiff must serve the defendant with a civil court summons within a certain number of days after the plaintiff files the lawsuit with the court. For example, in federal court, the plaintiff has 120 days after filing the complaint to serve the defendant with the summons. After the defendant receives a copy of the summons and the complaint, the plaintiff must file a proof of service with the court describing the method of service used before the case will proceed.
  
  

Service of Process

• Most states require the defendant to receive notice of the summons and complaint through personal service. Anyone over the age of 18 can personally serve the defendant, by visiting the defendant’s home or place of business, and physically handing the defendant a copy of the summons and the complaint. However, if the defendant is not home at the time of service, some courts recognize substituted service. Substituted service occurs if the process server leaves the summons and complaint at the defendant’s home with a person of reasonable age.
  
  

Consequences

• If the plaintiff does not provide the defendant with a copy of the summons and complaint, the court can dismiss the case for improper service. This is achieved by the defendant filing a motion to quash service with the court. However, the defendant will not be judgment proof, because the plaintiff will likely file the lawsuit again and will have another opportunity to achieve effective service on the defendant.