CIVIL PROCESS SERVICE |
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TIME REQUIREMENTS
FOR KEY ACTIONS |
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Eviction: Return date shall
be not less than five working days nor more than thirty days
from the issue date. The paper must be served not less
than five working days prior to the return date. |
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Execution:
Notice of
Mortgage Foreclosure - Sale shall be advertised by
posting at least three weeks prior to the date of sale.
Notice of
Sale of Personal Property - Notice of sale shall be
posted at least twenty days before the date of sale. |
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Garnishment: A garnishment summons and complaint
shall be served on the "garnishee defendant" in conformity with
the standard procedure for a small claims action or a large
claims action - whichever is applicable. Notice of such
service or a copy of the garnishee summons and complaint,
together with the summons in the principal action, shall be
served on the "principal defendant" no later than ten business
days after service on the "garnishee defendant." |
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Large Claims Action: The paper must be served
within ninety days of filing. |
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Replevin:
Replevin as
a small claims action - The paper must be served eight
business days before the return date. The return date for
the summons served must be less than eight business days from
the issue date nor more than thirty days from the issue date.
Replevin
as a large claims action - The paper must be served
within ninety days of filing. |
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Restraining Orders: Unless otherwise specified,
they can be served right up to the time of the hearing. |
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Small Claims Action:
General
- a small claims action must be served at least eight working
days before the date the party must appear. The date of
appearance shall be not less than eight working days from the
issue date and no more than thirty days from the issue date.
Small
claims, eviction action - see above. |
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Writ of Restitution: No writ shall be executed if
received by the sheriff more than thirty days after is issuance. |
