Someone is trying to serve me with a summons. What if they fail serving the summons before the court date?

Question

I just now received a answering machine message and he tells me my court date is in 7 days.

It's a civil suit, not criminal.

Answer 1

Depends on the State you live in.
In some states you need to actually hand the summons to the person.
In others, it can be sent in the mail and in some only a good faith effort need be made.
If this is a civil suit and the judge thinks a good faith effort was made and you do not show up you could loose the suit.
This happened to a guy in Arizona and when he did not show up he lost the suit and the plaintiff took possesion of his home.

Answer 2

Actually, you do not have to be served with summons officially. There are several cases where the Federal Rule of Civil Procedure 4(m), which grants 120 days to serve, has been held merely to "give notice" of the lawsuit. Because it was left on your answering machine, and because you have acknowledged it (you posted it here on Yahoo!) it is perfectly legal AND constitutional, at least in federal court, to enter a default judgement against you for not appearing. You have gotten notice and have acknowledged notice. I suggest you show up and file a motion under the rule in your state that corresponds to Rule 12(b)(4) and (5). Also, I suggest you consult an attorney immediately! Do not wait. I don't know the laws of your state, nor will I profess to know them. It is your responsibility to look them up. Get a lawyer.

Answer 3

I accept as true with each and everything Dixie revealed except for the amassing SOL. in case you attempt to apply the 6 twelve months SOL as an affirmative protection, you'll likely lose. The Ohio amassing SOL is 4 years out of your first default that presented about the price off. § 2305.09 Ohio Statutes § 1335.02 & § 1109.18 position charge playing cards contained in the 4 twelve months SOL. also, the fact In Lending Act (TILA) places charge playing cards contained in the Open SOL, which in Ohio is the 4 twelve months SOL. they'd attempt to declare that that is a fifteen twelve months SOL, less than written debts. in spite of the undeniable fact that, in case you or your lawyer incorporates the properly acceptable Open statutes they're going to likely fold if you're previous the 4 twelve months mark, in case you strive against decrease back. no matter if that is a real summons then, in Ohio, the written and signed contract could be coated of their filing, alongside with finished account of the alledged debt from a beginning 0 stability to modern. threat is that no matter if that is an older debt, they do no longer have that practise. they'd attempt to position a commonly used contract contained in the filing, if so, it can be from the same twelve months because the unique contract date. in the adventure that they don't have any contract and/or no papers exhibiting the completed account, then it will be challenged. Agreeing with Dixie: Your mom could contact the courtroom clerk and ask if some thing were filed on your call. If there isn't any longer a more beneficial healthy filed then you actually could deliver a validation request ASAP. If there's a more beneficial healthy filed and also you're in a overseas usa, then you actually could both employ a lawyer to represent you or you may request a later trial date. if you're previous SOL, you rather could evaluate struggling with it. no matter if that is interior SOL or no longer, your mom will pay or no longer, you or your lawyer could ensue in courtroom. no matter in the adventure that your mom will pay, they're going to nevertheless attempt to flow ahead and get the judgment. by technique of doing that, you'd be answerable for the courtroom and their lawyer prices and in the adventure that they'd given your mom a chit in paying, you'd be answerable for the surprising component.

Answer 4

If you are a party in an existing on-going law suit, the opposite party only need put it in the mail like all other pleadings in the case; once mailed you have been served (if mailed to your latest address you gave to the court). If you are not a party in an on-going law suit, then they must serve you personally.

Answer 5

the judge is not happy with people that's trying to dodge summons. he will ask the court official if there was a good effort to serve the summons. if the answer is yes you are cooked. after you do go to court you can ask for a delay so you can better prepare yourself

Answer 6

You have not been served. Sounds civil, since you said someone. If you sign for it,say certified mail or handed in person the legal summons, then you're served.

Answer 7

Miss your court date u'll add up more charges,Take it like a man.Whats the worst that could happen?