Service of Summons and Complaint

Last Updated: December 1, 2014

The Clerk's Office will issue the Adversary Summons.  The Summons and Complaint must be served on the defendant(s) pursuant to Rule 7004(e), within 7 days after issuance.  After service has been made, a Proof of Service must be filed.

Filing Requirements:

  • Proof of Service

  • Important Note:  This event is only  used for filing the Proof of Service/Certificate of Service indicating service of the Summons and Complaint; for all other adversary documents requiring proof of service, use event "Certificate of Service."

Step-by-Step Procedures:

  1. Log into CM/ECF.

  2. Select [Adversary > Complaint and Summons].

  3. Enter the adversary case number (e.g, xx-xxxxx).

  4. Select [Summons Service Executed] from the event list.

  5. Browse to select the Statement (.pdf file).

  6. Select the Party that the Summons is being issued on (hint: Defendants)

    (Note: You should not have to Add/Create New Party; if party is not there to select, stop and recheck parties added at time of filing)

  7. Enter date summons issued and date answer due will automatically fill-in.

    (Note: 30 days unless governmental unit then 35 days to answer)

  8. Modify the text if appropriate.

  9. Verify the final docket text; if correct, click [Next].  

    N
    ote: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

 

 

 

 

11 U.S.C.:
FRBP: 7004(e)