2007-04-01 23:11:42 · 16 answers · asked by vikas4luv2u 1 in Politics & Government ➔ Law & Ethics
My brother found out the hard way, that the courts no longer have to serve people, like they use too!!! In Australia anyway, not much you can do just put forward your argument and hope for the best!
2007-04-01 23:14:46 · answer #1 · answered by ballarinababyz 3 · 0⤊ 0⤋
How did you know that a notice is sent to you, without you receiving it.
If a notice is sent to a person through court it is delivered to the concerned person through a special messenger appointed therefor. The special messenger would make all efforts to serve the notice personally to the concerned person. If you refuse to receive or if you are not there then the messenger will return the notice to the Court with the appropriate endorsement.
If you are aware of the proceedings in which notice has been sent to you then you can approach the Court in which the proceedings are pending and request for the papers and material concerning the proceedings. This can be done with the help of an Advocate or you can as well approach personally on the day on which the proceeding is listed before the Court.
It is always better if you take the assistance of an Advocate.
Specify details if you require further clarification.
I have seen some one saying that refusal of an ordinary court notice would amount to contempt of court. This is utter misconception and lack of knowledge. Please dont misguide if you are not sure. Other than the asker many others view the answers and therefore a lot of circumspection is necessary.
2007-04-02 06:59:47 · answer #2 · answered by thiru 2 · 0⤊ 1⤋
Friend,
It is not possible that you did not receive the notice sent by a Court of Law.They send it by regd. post or through a person and obtain your signature as a proof of delivery.
If you actually received the notice , and simply bluffing (say) , it is not good and then at the Court may issue a non bailable arrest warrantIt amounts to contemt of court, and court may be severe i your case then..Do not play cheap tricks with court of Law , please.( I do not mean you are playing now ,please)
Perhaps the other reason may be that You have changed your address and at present you are residing at some other
place, other than the address that is on Court records ,please notify the Court the Change of address Please.It is mandatory to notify the Court ,if thee is a case running and you change residence.
When you know pretty well that a notice has been served on you, I will even suggest you to consult a lawyer and go to court and take the notice yourself and after consulting your lawyer you can proceed as he guides you.
There is NOTHING TO PANIC or get TENSION.
Please be relaxed and act as a good citizen and honour the Laws of the Land you live in.
God will help you with His blessings.
All good luck.
2007-04-02 08:51:32 · answer #3 · answered by Radhakrishna( prrkrishna) 7 · 0⤊ 0⤋
A notice? What sort of Notice? If it is a Notice of Intended Prosecution and you have not received it, the Police would have to prove to the Magistrates that the addressee had received it.
If it is a Summons to attend Court, a similar situation exists.
The question I ask is, how do you know the Notice was sent?
2007-04-02 06:17:31 · answer #4 · answered by MANCHESTER UK 5 · 0⤊ 0⤋
Iam wondering even if you receive the notice whether you will able to read it.Because most of the people never maintains correct spellings before they put their thoughts.If a court sends you a notice then you have to receive it and answer the questions asked.Denying to receive the notice is an offence.
2007-04-02 10:05:14 · answer #5 · answered by kandaswamyraveendhranperumal 4 · 0⤊ 0⤋
If you are talking about a warrant call a bail bonds before they take you to jail. A Bail bonds can pay the warrant fee and keep you from ever being put in jail....chances are they will send you a new court date in the mail. you would have to be more specific on what notice you got in the mail though.
2007-04-02 06:15:21 · answer #6 · answered by Green 2 · 0⤊ 0⤋
If you refuse to accept the notice, it is deemed to have been served on you and the court may proceed with the case, in your absence, setting you ex-parte. Then, you shall forfeit your right to being heard in the case. In certain cases, especially criminal cases, where your presence is required, evasion of summon may entail the court issuing a warrant against you.
2007-04-02 08:34:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You submit a signed affidavit in the court stating the fact of the matter and at the same time submit an application for redress
2007-04-02 06:14:54 · answer #8 · answered by Adnan S 3 · 0⤊ 0⤋
Process to compel appearance of the person is a stepwise process, generally, first court will issue a notice, after notice court may issue warrant of arrest, after warrant of arrest proclamation, after proclamation attachment of property and there are other rules to compel appearance.
2007-04-02 09:55:37 · answer #9 · answered by vinod411 1 · 0⤊ 0⤋
You mean to say that u don't want to receive it!
If so, they will paste the order in front of your house and u should reply it on the time, else that will be considered as a contempt of court.
2007-04-02 06:20:30 · answer #10 · answered by tdrajagopal 6 · 0⤊ 0⤋