Legal Question in Real Estate Law in Minnesota
How do you tell if a summons is legal? Does it have the court seal on it?
Asked on 9/12/10, 8:15 pm
1 Answer from Attorneys
Sam Calvert
Calvert Law Office
In Minnesota state court cases, the summons is issued by the attoney, not by the clerk of court. (That is not the case in federal court cases, nor some other states.) Therefore, if you have been served, it is probably a "live" summons. I certainly would proceed on the assumption that it was "legal" and that it was attempting to start a lawsuit. There may be defenses to the action, such as lack of jurisdiction, etc., insufficiency of process, etc. that you can raise. You can find the Minnesota Rules of Civil Procedure at http://www.mncourts.gov/?page=511#civil.
Answered on 9/18/10, 6:48 am