HELP! I am a single mom and was served a subpoena to appear in a court 300+ miles away. I don't drive and have no way to get there. What do I do? I am the defendant.
2007-11-13 03:48:52 · 10 answers · asked by Ellen R 1 in Politics & Government ➔ Law & Ethics
I have a feeling you were NOT served with a subpoena. I believe from your post that you are the defendant in a civil case, and you were served with a summons. If you do not appear, a warrant will NOT be issued for your arrest, but a default judgment may be entered against you. You really do need to talk to a lawyer to avoid this. If you cannot afford an attorney, you should speak to your local legal aid agency (make sure it is a REAL legal aid agency, there are some shysters who use similar names) or get a referral from your local bar association.
2007-11-13 11:34:23 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Is the subpoena returnable at a California court? If so, you are obligated to appear if the return date of the subpoena is at least ten days after you were served.
You are entitled to a fee of $35 plus $0.20 per mile (round trip). You could have demanded this when the subpoena was served, but you can demand it now and have no obligation to appear if you're not paid. The name and address and phone number of the lawyer who served you with the subpoena need to be on the papers somewhere: call him, demand payment (600 miles turns into $155) and if you're not paid, do not appear.
Bring the child. The court will have to deal. (They do have child care at the courthouse.)
Alternatively, you can move for a protective order, but lay people generally don't succeed on such motions.
If the subpoena is from out of state, the question becomes what did you ever do in that state to become subject to their jurisdiction? And the fees and other incidents will be governed by that state's laws; but if you did not enter that jurisdiction, or avail yourself of its courts, there is no basis for serving you and you can ignore the subpoena.
2007-11-13 04:15:13 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well, with no information, it's almost imppossible to give you any kind of coherent response...
...but I'll try anyway
1. Make sure that you should be sued THERE and not where you live. Generally, a defendant is sued in the county where s/he resides OR where the alleged offense occurred. This MAY be modified by a contract that says "Disputes will be resolved in ___ County."
2. File a Motion For Inconvenient Forum, and get the case moved to a court closer to were you live.
3. File a Motion To Dismiss IF the Complaint has any defects
4. Settle the case.
2007-11-13 03:59:57 · answer #3 · answered by stay_fan2 4 · 0⤊ 1⤋
If you are the defendant you are required to be in court or the court will issue a warrant of arrest for your failure to appear.
If you are a witness then make contact with the party that served you...defense or prosecution and advise them that you are having trouble getting to the court and they will help you financially to get to the hearing. If you just blow off the subpoena you may find that a warrant has been issued for your arrest because you blew off the subpoena.
2007-11-13 03:54:51 · answer #4 · answered by malter 5 · 1⤊ 1⤋
You have to appear, otherwise a beach warrant will be issued. Or if you have an attorney, they they maybe able to help you out with not having to be there, but if not, you better go. I'd hate to see you out driving one day with your kid in the car and get pulled over for something trivial and then get arrested because you didn't show up for YOUR court hearing.
Again, this is YOUR court hearing, your chance in front of the Judge.But trust me when I say,, Judges do not like it when you just don't show up. It'll be much worse on you later if you don't go now.
2007-11-13 04:01:48 · answer #5 · answered by ~Jen~ 4 · 0⤊ 2⤋
Regarding what issue?
You know, a little information would be nice to have.
WHILE I AWAIT YOUR FACTS:
You do NOT have to appear if this is a civil matter. Criminal is another matter and yes, if you do not appear a warrant can be issued for your arrest.
If a civil matter and you do not appear, then you will most likely be found in default and the other side can motion for summary judgement and most likely get it.
2007-11-13 03:51:05 · answer #6 · answered by hexeliebe 6 · 0⤊ 1⤋
in case you have won a subpoena, you need to look in courtroom or you would be "held in contempt of courtroom" and an arrest order would be issued. If I have been you i'd call the legal expert in touch interior the case and clarify your predicament and notice if he/she would be in a position that might actually assist you in attending to the courtroom to testify.
2016-10-02 06:45:28 · answer #7 · answered by cabreras 4 · 0⤊ 0⤋
You got subpoened...You have to appear in court, that is the bottom line. I would call the court and see if you can work something out. But if you can't, you will have to appear.
2007-11-13 03:53:23 · answer #8 · answered by Kenneth C 6 · 0⤊ 0⤋
Hire a lawyer. If you don't go you lose.
2007-11-13 03:53:34 · answer #9 · answered by davidmi711 7 · 0⤊ 0⤋
Get there!
2007-11-13 03:56:26 · answer #10 · answered by Wounded Duck 7 · 0⤊ 0⤋