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Form 730 MS: What You Should Know

These drafts, or Disputes, serve as the basis of any future action that the party might need to take to resolve a matter.   How to File a 730! The rules are pretty simple. Read and sign the form. The clerk will make sure it is completed correctly. A 730, a Summons By Publication, is a legal notice that is sent to the registered owner. The notice must also be registered, so the law is always a-go, no matter what happens. It is a notice that says: “I, __________________________, the Plaintiff, hereby announce that I desire to take action against you under the law. “ This summons can be placed with the Sheriff's Office, Circuit Court, District Court, or just about anywhere, and the notice will be entered with the docket. The summons informs the owner of the person or business (your name on the summons) causing the property to be seized or injured. The summons allows the plaintiff to file a civil suit against the offender to collect money damages. You can write “Summons” or “Summons (legal notice) or “Petition to Proceed by Publication” as appropriate in the subject line. Do NOT put the word “Wager.” Put the word “Summons” in the title. It is still a Summons and you can file an action in court after the notice has been served to the party. In Mississippi, the writ can be obtained for just about anything, just be sure and get the necessary papers prepared before you do anything else!  If you cannot find the name and address of the party you are suing, you can mail the summons and associated papers to the plaintiff and put an attachment to the complaint (which can sometimes be as simple as photocopies of the summons and papers). The attachment is called a “subpoena”. The Clerk of Court will review your request for a subpoena and send you an order or warrant allowing you to serve the summons. This will also be included in the “Clerk's Instructions for Claimant” (usually at the bottom of the summons or order).  As part of the order of the court the person holding the property can start legal proceedings against you. The clerk will need to verify the information in the summons. A simple check of your bank and credit card statements will reveal that you haven't played a wager in over a week.

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