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. Review the papers for necessary filing and noticing requirements.

  2. Scan documents.

  3. Log into CM/ECF.

  4. Select [Adversary > Complaint and Summons].

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

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

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

  8. Assign a Document Number?  "Yes" and click "Next"

  9. 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)

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

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

  11. Modify the text if appropriate.

  12. 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.

  13. Place document(s) in file/chron box.

Court Will:

  1. Tickle calendar (or email the Case Manager) to monitor that answer is filed.

  2. If no answer or motion for default judgment is filed within 60 days of service of the Summons and Complaint, CM should issue adversary status letter to Plaintiffs attorney (with a copy to Defendants).

 

 

 

 

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