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The defendant of a current case, filed with the court that…

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Hello, the defendant of...

Hello, the defendant of a current case, filed with the court that the summons was "unserved." What does this mean and what proof must be provided by the defendant for this to hold in a court of law? The defendant also took the original summons copy that has the dry seal. What can be done to retrieve the original back?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Massachusetts

Lawyer's Assistant: Has anything been filed or reported?

The plaintiff filed a summons with both the court and the defendant. However, when the delivery to the defendant was made, the defendant slyly took the original and gave a copy back.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is there a form that can be filed for a motion to retrieve the original summons back? If so, what's the name of the form and is there a punishment that may filed?

Submitted: 8 months ago.Category: Legal
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Answered in 2 minutes by:
9/20/2017
Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,017
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Did the defendant challenge to court case based on lack of jurisdiction due to failure to serve? Did a process server serve the papers?
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Customer reply replied 8 months ago
to both questions. A second summons was arranged to be sent via the sheriff's department. The only caveat is that it is coming very close to the 90 day deadline to serve. A motion to extend has been giled. What else can be done to make sure that the case has a chance to be heard? Also, can the plaintiff file for default if the summons is considered unserved? How can the original summons be ordered to be retrieved from the defendant? They unjustly took it from the plaintiff, refused to give it back, then filed as unserved. Is there a legal clause protecting plaintiffs in the process?
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