I was just TEXTED from my childs paternal grandmother that I am required to be in court in 5 days. I have no idea WHY I have to go to court, and she certainly didn't call me to tell me or tell me in person. She has been ignoring my phone calls, so that hasn't worked either.
I haven't been SERVED with any court papers (and she knows my address) so do I have to attend?
2006-12-31 02:53:23 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
More details: She has custody of my child temporarily (until February) and I was told by my childs father that she is seeking child support, which we have both been paying to the court.
I live 2 hours away from her, and I work at the time that it is going to be going on. I also do not drive and it will be extremely hard for me to find a ride on a weekday, in the middle of the day.
I called the court house and they said that there was no record of any court date in her name.
So I'm kind of clueless. I was just wondering if I had to appear without a subpeaona.
Thanks everyone!!
2006-12-31 03:10:57 · update #1
Oh, and since when is a TEXT message on a cell phone considered being served? I thought that an official member of law enforcement was supposed to serve you not the person taking you to court. It just sounds a little invalid and fishy to me.
2006-12-31 03:12:27 · update #2
I don't know enough about your situation, or your jurisdiction, to give a definitive answer but there are really two issues here.
First, I know of no jurisdiction where a text message alone can constitute a valid subpoena. It is therefore very unlikely that you are legally compelled to attend court. Second, however, there are some situations in which a party can seek a temporary order without the other side having to be there, which is called an "ex parte" order. Often the party seeking such an order has to give notice to the opposing party. It seems doubtful to me that a text message would constitute sufficient notice, but perhaps it might in some jurisdictions.
My feeling is that you probably are not legally compelled to attend court in this case, but it is possible that something is going on that you may want to know about, so you probably want to be there anyway.
2006-12-31 08:41:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
This smells, you are not required by law to appear on another persons word (or text message, or letter) only if legally served notice by the court, either by a process server or by certified mail. However, if a civil action or hearing has been requested by another party and you don't show up you may loose by default or not have your side of an argument heard. If this is regarding child visitation, 5 years ago the U.S. Supreme Court ruled that grandparents can no longer compel visitation in court (just for information). It may be to your benefit to have an attorney present that is familiar with this. Sounds like G'ma is trying to pull a fast one.
2006-12-31 03:12:37 · answer #2 · answered by Gunny T 6 · 0⤊ 0⤋
I guess it depends on what state you live in but here is my guess.
The paternal grandmother files a petition. You are served a copy of the petition and given 30 days to respond. 30 days from the time you are served. A petition is NOT an order, its just a request set forth by the grandmother.
You answer by submitting a written response to the court and mailing a copy to her or her attorney. The court then files a notice of service. A text message is not valid notice of service.
Once the court gets your answer then it sets a hearing date. The court will notify you as to the date and time of appearance.
If you fail to submit an answer then it goes into default. If it goes into default then you may lose your right to speak at any hearing, so make sure you answer.
At the hearing the judge will set the order if any.
Some states have an online database that you can look up court orders and pending court litigation. In New Mexico I can look this up by going to nmcourts.com. Try a google search for your state by typing in "your state court case lookup" and maybe you can find the status of any such case. I am guessing maybe this woman is blowing smoke up your butt.
2006-12-31 03:11:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
There are many ways to serve someone, other than just delivering papers to their last known address. You can be served by publishing notice in the local paper for example. So you may have received what is called a constructive service without actually receiving any papers in hand.
I'm not sure what the nature of the lawsuit against you is, but it rarely serves your interest to not show up for court. Call the court you are supposed to show up at and ask them if you are supposed to be in court. If so, ask them to fax you a copy of the complaint so you are aware of the charges prior to court.
2006-12-31 03:00:59 · answer #4 · answered by harrisnish 3 · 1⤊ 1⤋
You only have to appear if you are served a subpoena, however if you do not appear they may be awarded a default judgment, a text message may provide proof that you were notified by the Respondent. You probably need to check with the court house to see if a case has been filed and scheduled!!
2006-12-31 03:00:12 · answer #5 · answered by FEVER 3 · 0⤊ 1⤋
You can use this reverse phone lookup service ( http://reversephones.info ) It can be useful in a lot of different situations.If the caller asks for your name reply by asking for their name. Do not give them any information about yourself. Ask what number they dialed and ask for their number. You will be able to use this number later when you carry out a reverse phone lookup to identify the caller. The individuals who make these calls intend to upset you in some way or even cause you more significant harm. This could be for many different reasons. Perhaps they wish to get revenge for you breaking off a relationship or they may simply just get some sort of twisted gratification from making you feel uncomfortable. Some criminals attempt to obtain useful information from unsuspecting children. Teach your children to ask for the caller's name and number and to inform the caller that someone will call them back.
2014-10-02 13:23:51 · answer #6 · answered by Han 1 · 0⤊ 0⤋
If you have not been served with an official court summons, then you do not have to appear.
2006-12-31 02:58:53 · answer #7 · answered by Azriel 3 · 0⤊ 0⤋
she is most likely seeking visitation rights .This means That you will have to let her see her grand children .
It's to your best interest to be in court .
Best of luck to you.
2006-12-31 02:58:12 · answer #8 · answered by Whiplash 1 · 0⤊ 0⤋
Unless you are served by some official means, you are not obligated to go anywhere.
2006-12-31 03:19:04 · answer #9 · answered by WC 7 · 0⤊ 0⤋
Text mails don't count. You have to be handed the paper work.
2006-12-31 02:57:03 · answer #10 · answered by Vinegar Taster 7 · 0⤊ 0⤋