ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Commencing Legal Proceedings and Procedures Before Trial

How does a defendant find out that he or she is being sued?

The lawyer for the plaintiff or the clerk of the court will draft a paper called a summons. The summons tells the defendant that a suit has been filed against him or her, who filed it, and the time and place to appear in court. This summons, along with the complaint, must then be given to the defendant. A sheriff or marshal may deliver the documents, or a private process server may be hired, or the documents might be mailed by registered mail. You should check on the required method of service appropriate for your case. These documents provide the defendants with the first official notice that they are being sued.