Methods of Serving Summons

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If personal service of summons is not possible despite diligent efforts, what method can be used instead?

Serving the summons by courier

Substituted service (correct)

Emailing the summons

Serving the summons via social media

What action should be taken if the summons cannot be served personally despite diligent efforts?

Use substituted service (correct)

Request a replacement summons

Contact the court for a waiver

Disregard the summons

In what situation would substituted service be considered appropriate for serving a summons?

When personal service has been completed

When personal service is impracticable despite diligent efforts (correct)

When the recipient requests an alternative method

When the recipient is easily accessible

Why might substituted service be necessary when serving a summons?

To ensure the recipient receives the summons Signup and view all the answers

What should be done if substituted service does not successfully deliver the summons to the recipient?

Repeated substituted service attempts Signup and view all the answers

What should be done if the property attached is claimed by a third person?

Proceedings should be continued against the party against whom attachment had been issued Signup and view all the answers

What happens if a third party claims the property under attachment?

The court will decide the validity of the claim and may continue proceedings against the original party Signup and view all the answers

How should the court handle a situation where a third person claims the attached property?

Continue proceedings against the party named in the original attachment Signup and view all the answers

What action should be taken if a third party claims ownership of the attached property?

Investigate the claim and decide whether to release or continue with attachment Signup and view all the answers

In case of a third-party claim on attached property, what is the standard procedure for legal action?

Continue with legal proceedings against the original party subject to attachment Signup and view all the answers

What is the maximum time period within which a claim for damages must be filed against the bond?

120 days Signup and view all the answers

What type of claim does the text discuss?

Claim for damages for the taking or keeping of property Signup and view all the answers

What is the requirement for filing a claim against the bond according to the text?

The claim must be filed within 120 days of the filing of the bond Signup and view all the answers

Which of the following best describes the purpose of the bond mentioned in the text?

To cover the cost of damages for the taking or keeping of property Signup and view all the answers

What is the consequence of not filing a claim against the bond within the 120-day time period?

The claim cannot be enforced against the bond Signup and view all the answers

What are the two conditions under which the bond of the adverse party can be found?

When it is insufficient in amount or quality Signup and view all the answers

Which of the following would NOT lead to the discovery of an insufficient bond of the adverse party?

The bond exceeding the required amount Signup and view all the answers

In what way can the bond of the adverse party be considered insufficient?

Lacking proper signatures Signup and view all the answers

What is a possible consequence of an insufficient bond of the adverse party being discovered?

Legal penalties for the adverse party Signup and view all the answers

What action should be taken if an insufficient amount is noted in the bond of the adverse party?

Inform the court and request a new bond Signup and view all the answers

How is real property attached according to the text?

By filing a copy of the order with the registry of deeds, along with a description of the property and a notice of attachment, and leaving a copy with the occupant or owner. Signup and view all the answers

What must be included when filing the attachment with the registry of deeds?

A copy of the order, a description of the property, and a notice of attachment. Signup and view all the answers

How is personal property attached according to the text?

The text does not provide specific instructions for attaching personal property. Signup and view all the answers

What must be done if the real property is owned by someone other than the party against whom attachment is issued?

The attachment process can be carried out against the property, and a copy of the order and notice must be left with the third party owner or their agent. Signup and view all the answers

What must be done if the real property does not appear on the records of the registry of deeds?

The attachment process can still be carried out by filing the required documents and leaving copies with the occupant. Signup and view all the answers