I just received a phone call today from my soon to be ex-husbands attorneys office telling me I had to be in court this Friday. I was NEVER served any papers, never summons, is this right? Can they do that?
2007-08-29 12:41:25 · 7 answers · asked by glittereyedg 4 in Politics & Government ➔ Law & Ethics
I just called his attorneys office back and they told me they don't need to serve me with any papers because it's what they call a "third party",,,whatever the hell she said. I had no clue this was even happening, so I'm looking into legal help myself tomorrow. This guy...fyi..has two criminal cases already pending for credit card fraud, receiving stolen property, and a few more credit card/theft felony counts. History of drug use, gambling problem, and at one point abandoned our son for a year or so. I was thrown when I got this call.
2007-08-29 13:09:49 · update #1
Call your lawyer,ask him/her
2007-08-29 12:43:49 · answer #1 · answered by J*A*K*C 5 · 0⤊ 0⤋
You must be served a summons (in person) from a person authorised by the court (Sheriff, process server, etc.) to be legally required to appear in court....even as a witness.
"they told me they don't need to serve me with any papers because it's what they call a "third party",,,whatever the hell she said."
This is utter garbage. And an attorney who tries this type of thing is acting unethically. If you have proof this happened, you should report it to your state's bar association.
Unless you have received some communication directly from the court, I would ignore this attempt to coerce you into attending.
2007-08-29 13:25:59 · answer #2 · answered by Wyoming Rider 6 · 0⤊ 0⤋
If you are being compelled to go to court, you need to be served -- either with a complaint if you are a party, or with a subpoena if you are not.
You might have been served, but never properly notified -- and the phone call was a courtesy. The simplest way is to check with the court and confirm.
2007-08-29 13:02:19 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
No. You should not even be recieving calls from his attorney, this attorney should know this. You dont have to show up for any court date unless you have been served or mailed something from the court, not his attorney!
2007-08-29 12:50:19 · answer #4 · answered by ? 3 · 0⤊ 0⤋
No. You need to be served with a notice to appear.
2007-08-29 12:44:46 · answer #5 · answered by Hillary 6 · 0⤊ 0⤋
If you were not served than it's on him. You do not have to go.
2007-08-29 12:49:07 · answer #6 · answered by Pyro 3 · 0⤊ 0⤋
Nope...unless you are personally handed a subpoena.
2007-08-29 12:48:47 · answer #7 · answered by bossbiyatch1 2 · 0⤊ 0⤋