It seems like someone is suing me at the small claim court, and the new tenant of my old apartment (where I moved out 13 months ago) accidently signed the subpeona, and she got my cell number from the manager and left a message like that. Do I have to appear to this trial? Will it be void because I didn't sign the paper? Help. Thanks.
2007-09-25 05:49:21 · 8 answers · asked by Carrie 1 in Politics & Government ➔ Law & Ethics
The problem here is, a new tenant of my old apartment (which I moved out more than a year ago) signed the paper, I didn't even see the paper (I live in a different city now), and the person who signed the paper got my cell number from the apartment manager, called my cell and left a message saying "I don't know who you are, but I accidently signed the court order which was sent to this address." I don't know what to do.
2007-09-25 06:08:46 · update #1
If you've been served a subpoena, then yes you have to go to court. If someone came to your house and put the papers in your hand or if you've touched the papers you've been served. I don't think you have to sign a subpoena to obey it. It's a court order, not a court discussion. If you don't go you'll probably be held in contempt of court, a warrant will be issued for your arrest and you could face jail time. What you do is up to you though. Good Luck!
2007-09-25 05:57:15 · answer #1 · answered by It's Your World, Change It 6 · 1⤊ 1⤋
You signing the subpoena is not at issue -- the subpoena is a court order to appear.
If the subpoena was not actually issued by the court -- then you don't have to appear (you mentioned it was accidentally signed by someone else).
But it's probably not a subpoena -- if you are being sued yourself, then you are the defendant -- and a subpoena is not necessary for you to be called to court. All that is required is "service of process" -- which is formal notification of the suit.
If you have actual notice of the lawsuit, and refuse to appear, you can lose by default -- and you might be able to appeal, claiming that that service of process was defective -- in which case, the whole thing happens all over again. It's generally simpler to just resolve the issue on the merits the first time.
2007-09-25 08:33:02 · answer #2 · answered by coragryph 7 · 0⤊ 1⤋
If you don't go, you will NOT be arrested. A summons to small claims court is for a civil matter, not criminal, and there will NOT be a warrant issued.
But if you don't go and the court accepts the new tenant's signature as proof that you were served with the documents, they will proceed with the case and you will lose by "default" and have a money judgment against you.
So even though you were not properly served, you should go and defend yourself in the lawsuit.
2007-09-25 06:28:57 · answer #3 · answered by raichasays 7 · 0⤊ 1⤋
See, the problem here is that what she signed is called "service", and it is used to prove to the courts that you knew about the hearing. If you don't show for the hearing, the courts will enter a judgment against you. The courts use certified mailing because normal people don't accept these types of documents for people they don't know, so it won't matter that the signature isn't yours. For example, if you were living with your sister or boyfriend, or whoever, they could accept a certified mailing on your behalf. AND, since you were notified, you have no reason not to go. You could always go to court and say you weren't notified, but then how did you know to show up?? Good Luck.
2007-09-25 05:57:16 · answer #4 · answered by working mom of 3 4 · 1⤊ 1⤋
A subpoena needs to be served to the person who is named on it. The reason for serving them is that it makes sure that the person served has had notification of the court date.
The person serving the papers should have checked ID prior to having them served. Technically the papaers have never been served, but ifI was you and I knew the court time and date I woul show up. If you don't they could just prodeed without you there since there is no one to dispute the validity of the subpoena that was served.
2007-09-25 05:58:12 · answer #5 · answered by Geoff C 6 · 1⤊ 1⤋
If you don't go you could be held in contempt and subject to arrest. Whether you signed a subpeona or not. the court made a good faith attempt to notify you, and their records show that the subpeona was delivered. also, you can't claim that you don't know about the hearing, because you were notified by phone. it's better to just go and deal with whatever is going on.
2007-09-25 06:06:49 · answer #6 · answered by Gracie63 4 · 0⤊ 2⤋
You weren't properly served, but you should go to court. Depending on the type of case it is, a warrant can be issued for your arrest.
2007-09-25 05:55:33 · answer #7 · answered by Allison P 4 · 0⤊ 2⤋
yes or go to jail
2007-09-25 07:21:56 · answer #8 · answered by Anonymous · 0⤊ 2⤋