Service of Summons and Complaint

Last Updated: December 21, 2021

• The Clerk's Office will issue the Adversary Summons.

• The Summons and Complaint must be served on the defendant(s) pursuant to F.R.B.P. Rule 7004(e) within 7 days after Summons is issued.

• Service of the Summons and Complaint may be made on a defendant within the United States by first class mail postage pre-paid. See F.R.B.P. Rule 7004(b)(1).

• If a debtor is the defendant,  the Summons and Complaint must also be mailed to debtor's attorney, if represented in the bankruptcy case.  See F.R.B.P. Rule 7004(g).

• After service has been made, a Proof of Service must be filed.

Filing Requirements:

• Summons Service Executed (Proof of Service/Certificate of Service)
  
  Important Note: This event is used only 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 if applicable.

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 Proof of Service (PDF file).

8. Select each Defendant that the Summons and Complaint was served on.
   
   (Note: You should not have to Add/Create New Party; if party is not there to select, STOP and call Clerk's Office).

9. Enter date Summons and Complaint were served and answer due will automatically fill-in.
   
   (Note: 30-days unless governmental unit then 35-days to answer).

10. Verify the final docket text; if correct, click [Next].  
    
    Note: The Notice of Electronic Filing displays, giving you the document number. Copies of this notice are immediately emailed to all participants who receive electronic notification in the case.