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I have a sherrif that is trying to serve me with civil lawsuit papers...am I breaking the law by not answering the door?

2006-11-24 15:57:43 · 20 answers · asked by cross_countryjumper 2 in Politics & Government Law Enforcement & Police

20 answers

You don't have to answer the door. Of course, its not like the cops are just going to go away, or stop showing up. I have been a cop for 11 years. I am successful at it because I am pushy and difficult. That's what makes a cop good. If I were trying to serve you the papers and you were trying to avoid me, I would likely follow you to a public place and do it there.

As to the whole "if you don't touch the paper, you're not served" argument, you better check your local laws before you buy into that. In California, service occurs at the point of your contact with the police. It has nothing to do with touching the paper. Service here can be made through certified mail. Don't think that just because you didn't touch the papers, you have not been served and don;t have to go to court. You may end up with a warrant if you don't show up!

2006-11-24 18:16:52 · answer #1 · answered by James P 4 · 1 0

If they are trying to serve you, that means the court date has been set up. And for you, not to show up at the court on that date, will hurt you in the long run. That will never be an excuse that you were not served because the multiple attempts were made. Also, he can leave the papers with your neighbors, and they will serve you. In any case, just open the door and be down with it. You will not be able to get out of this by not opening the door; no-one ever did/

2006-11-25 00:52:54 · answer #2 · answered by OC 7 · 0 0

no, but they will merely do a legal post in a newspaper or some other legal notice that you would not respond.

And they would have the court case without you being there, and the other side would win for sure.

By not responding to a civil case, you don't get out of it, you just lose every time.

by getting the papers, you known when and where to appear in court and have a chance of at least working a deal out in court

2006-11-25 05:59:56 · answer #3 · answered by Anonymous · 0 0

They are going to serve you with those papers, make no mistake. Where and when depends on you. It is not illegal to not answer your door but everytime you don't just pushes them one step closer to doing it in public. The choice of where this happens is up to you.

2006-11-25 00:13:12 · answer #4 · answered by patti duke 7 · 0 0

You will eventually be served with those papers. It might be more face saving to accept them at your door, rather than have your workmates wondering why the sherriffs deputies pulled you away from your job. It may be less embarrassing than out in front of your place of residence, where all your neighbors can see. They are going to hand them to you eventually, why prolong the stress trying to avoid the inevitable?

2006-11-25 00:05:13 · answer #5 · answered by Anonymous · 0 1

Right.

They could also show up at your work.

That'll impress your boss!

Why not show up in court or get the advise of how to counteract this civil lawsuit? You can't run forever. It could show up at a very embarassing moment.

2006-11-25 00:02:39 · answer #6 · answered by Anonymous · 2 0

OK worse case scenario, you take the papers you throw them in the trash. You don't show for Court it's civil. They ain't gonna arrest ya all they are going to do is rule in favor of the other person. If it's money well they gotta prove ya have any. I doubt they will try to get it out of ya.

2006-11-25 00:31:43 · answer #7 · answered by Stand 4 somthing Please! 6 · 1 1

no you are not, key word is civil not criminal...if you do however answer keep your hands in your pocket because once you touch those papers...youv'e been served..but no it is not illegal to not answer your door but be careful they may show up at a family members house or your work place to serve you...you can be served anywhere

2006-11-25 00:04:18 · answer #8 · answered by dave v 2 · 1 1

I know of nothing in the law that say not answering your door is a crime.

2006-11-25 06:56:49 · answer #9 · answered by WC 7 · 0 0

No you dont have to answer your door, but he will get you sooner or later. He might have something interesting to say to you so see what he wants next time.

2006-11-25 03:17:02 · answer #10 · answered by N. Andrews 2 · 0 0

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