Section 401. Summons; issuance; form; issuance of notice of petition  


Latest version.
  • (a)
      The summons may be  issued  by  the  plaintiff's  attorney  or,  if  the
      plaintiff appears without attorney, by the clerk.
        (b) The summons shall direct the defendant to file his answer with the
      clerk and shall otherwise be in such form as may be provided by rule. It
      shall  contain  the  residence  address  of  the plaintiff and, if it is
      issued by the plaintiff's attorney, the latter's office address.
        (c) Notwithstanding the provisions of section 731 of the real property
      actions and proceedings law, regarding  issuance  by  an  attorney,  the
      notice of petition in a summary proceeding to recover possession of real
      property  shall be issued only by a judge or the clerk of the court. The
      original petition shall be filed with the clerk at the time  the  notice
      of petition is issued.
        (d)  The  summons  served  in an action arising from a consumer credit
      transaction must be printed legibly in both Spanish and English.