25-15-101. Summoning joint debtor not originally served. When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Rule 4(s), M.R.Civ.P., those who were not originally served with the summons and did not appear to the action may be summoned to show cause why they […]
25-15-102. Content and service of summons. The summons, as provided in 25-15-101, must describe the judgment and require the person summoned to show cause why the person should not be bound by it and must be served in the same manner and returnable within the same time as the original summons. History: En. Sec. 292, p. 104, […]
25-15-103. Affidavit to accompany summons — new complaint unnecessary. The summons must be accompanied by an affidavit of the plaintiff or the plaintiff’s agent, representative, or attorney that the judgment or some part of the judgment remains unsatisfied and must specify the amount due. It is not necessary to file a new complaint. History: Ap. p. Sec. […]
25-15-104. Answer — time for filing — contents. Upon the summons, the defendant may answer within the time specified in the summons, denying the judgment or setting up any defense that may have arisen subsequently, or the defendant may deny liability on the obligation upon which the judgment was recovered, except a discharge from liability because […]
25-15-105. What constitute pleadings. If the defendant in the answer denies the judgment or provides any defense that may have arisen subsequently, the summons, with the affidavit attached, and the answer constitute the written allegations in the case. If the defendant denies liability on the obligation upon which the judgment was recovered, a copy of the […]
25-15-106. Trial of issues — limit on verdict. The issues formed may be tried as in other cases. However, when the defendant denies in the answer any liability on the obligation upon which the judgment was rendered, if a verdict is found against the defendant, the judgment may not be in excess of the amount remaining […]
