Methods of Serving Summons

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Questions and Answers

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?

<p>To ensure the recipient receives the summons (D)</p> Signup and view all the answers

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

<p>Repeated substituted service attempts (C)</p> Signup and view all the answers

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

<p>Proceedings should be continued against the party against whom attachment had been issued (B)</p> Signup and view all the answers

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

<p>The court will decide the validity of the claim and may continue proceedings against the original party (C)</p> Signup and view all the answers

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

<p>Continue proceedings against the party named in the original attachment (C)</p> Signup and view all the answers

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

<p>Investigate the claim and decide whether to release or continue with attachment (A)</p> Signup and view all the answers

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

<p>Continue with legal proceedings against the original party subject to attachment (A)</p> Signup and view all the answers

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

<p>120 days (A)</p> Signup and view all the answers

What type of claim does the text discuss?

<p>Claim for damages for the taking or keeping of property (D)</p> Signup and view all the answers

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

<p>The claim must be filed within 120 days of the filing of the bond (B)</p> Signup and view all the answers

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

<p>To cover the cost of damages for the taking or keeping of property (B)</p> Signup and view all the answers

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

<p>The claim cannot be enforced against the bond (B)</p> Signup and view all the answers

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

<p>When it is insufficient in amount or quality (D)</p> Signup and view all the answers

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

<p>The bond exceeding the required amount (B)</p> Signup and view all the answers

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

<p>Lacking proper signatures (D)</p> Signup and view all the answers

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

<p>Legal penalties for the adverse party (D)</p> Signup and view all the answers

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

<p>Inform the court and request a new bond (A)</p> Signup and view all the answers

How is real property attached according to the text?

<p>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. (D)</p> Signup and view all the answers

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

<p>A copy of the order, a description of the property, and a notice of attachment. (C)</p> Signup and view all the answers

How is personal property attached according to the text?

<p>The text does not provide specific instructions for attaching personal property. (A)</p> 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?

<p>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. (C)</p> 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?

<p>The attachment process can still be carried out by filing the required documents and leaving copies with the occupant. (A)</p> Signup and view all the answers

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