What if the defendant does not want to sign the legal papers to appear in court?

Question

The papers are being served by my personal Attorneys delivery person and not a court official.The defendant is approached by the deliverer and the defendant deny's to sign for proof that he received the legal papers that tells him when to appear in court.

Answer 1

Once they are served, they must appear in court. There are no signatures involved.

If they don't appear, a default judgment is entered.

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All that is needed is an Affidavit of Service by the person who did the serving. They have been properly served, and not signing is not going to get them out of this.

Answer 2

The various states have specific regulations as to how papers initiating an action have to be served. As long as those rules are followed and an appropriate affidavit of service filed by the person who served the papers, there is no requirement for a signature of the recipient. If the defendant, having been properly served, does not appear, your attorney will make a motion for a default judgment - and, if the affidavits are acceptable - the motion will almost certainly be granted.

Answer 3

papers are served by an officer of the court. If the officer of the court swears he was served, and the defendant doesn't show up, the plaintiff will win without a hearing.

Answer 4

The recipient of a summons need not sign anything. An affidavit of the process server is sufficient. Many states permit service by a private process server. If the process in your case was properly served, that's all that's necessary.

Answer 5

It depends on the laws of service in your area, In GA for example the server merely hands it to them and makes a note they refused to sign for them. Also many courts will allow into evidence that they refused to accept service as legal service.

But most likely they will use the court service to do the service, who does not accept them refusing but orders them to take the servcie papers basicly

Answer 6

It is the defendants right to attend a court hearing, but if they don't turn up, they will be tried 'in absentia', and will simply have lost the right to give their side. It is not grounds for a mistrial.

Answer 7

i do no longer understand why each and every physique thinks each and every little component ought to be unlawful. Are we as voters fearing the felony gadget? the daddy of your son became stupid (excuse my expression) to no longer sign the beginning certificates on account that dna might tutor he's the daddy and might nonetheless finally end up paying baby help. in case you're taking this to courtroom you ought to get him paying that help and paying back help besides and if he would not pay (staring on the state) he might flow to penitentiary till he's paid up. If it became a summons it would say that's a summons. A summons is a checklist so you might look in courtroom. it extremely is not something he "filed on you". you're very difficult on account that first you're saying that's a summons after which you're saying it extremely is not. what's the call of the submitting? Is he providing you with a replica of what he filed in courtroom? Did you examine it? do you're able to desire to look? do you're able to desire to respond interior 10 days? His bringing you his replica isn't "serving you" something. he's exhibiting you what he did. If he filed a checklist with the courtroom then the courtroom ought to be sending you a replica of it. you're able to desire to be sure it, in keeping with possibility you like your lawyer to reply to it and there's a time decrease on responding. particular he can convey you a replica of his checklist.

Answer 8

have the law dogs to serve him with a summons that will put a damper on his attitude.

Answer 9

Care to elaborate?

Is this criminal court, civil court..etc?

Answer 10

He goes to jail.