Summons Service Executed

Rev. 1/15/2019


Fed. R. Bankr. P. 7004



General Information


When the plaintiff files an adversary case proceeding, the clerk prepares and issues a summons to the plaintiff, or if represented by counsel, to the plaintiff's attorney.  The plaintiff must serve the summons with a copy of the complaint, on each defendant.  See Fed. R. Civ. P. 4(c)


When the debtor is a defendant, the plaintiff must also serve the debtor's attorney.  See Fed. R. Bankr. 7004(g)


The defendant has 30 days to file an answer or other responsive pleadings, except when the court prescribes a different time. The United States or an officer for the agency has  35 days to file an answer or other responsive pleadings.   See Fed. R. Bankr. P. 7012(a) and Answer to Complaint.


After service of the summons and complaint the Plaintiff files proof that service was made.  This "proof" is called Certification of Service, or sometimes Summons Service Executed. When service is not made, the plaintiff may or may not file a Certification of Service, sometimes referred to as Summons Service Unexecuted stating service was not made.  See Summons Service Unexecuted.



Docket Event:


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