2007-11-21 09:12:45 · 8 answers · asked by james m 1 in Politics & Government ➔ Law & Ethics
Sure. You can still suffer the results of ignoring it as well. In some cases the service would be proper as the process server may have witness you get the subpoena or state law may allow for it to be delivered by mail.
Ignoring a subpoena does not make the issue go away. If you are getting sued the other person will win by default. After you are informed of the win you would then have to go to court and ask the court to overturn the ruling based on improper service. If you overturn the ruling you will be served in court in front of the judge and have to fight the issue anyway. You win nothing.
2007-11-21 09:19:11 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
Service will be controlled by the rules of the court that issued the subpoena. Look them up. They are almost certainly somewhere on the web. If service by post or by leaving at the address is an acceptable means of service under those rules the subpoena has been properly served and you cannot ignore it.
As a general proposition, the people who serve subpoenae know the rules, and usually follow them.
2007-11-21 10:57:38 · answer #2 · answered by iansand 7 · 1⤊ 0⤋
Leaving it in your mailbox may be good enough under your state's law (although you don't say where you live).
Laws are different in different states and the proper service of paperwork can be different even within the state depending on exactly what kind of summons or subpoena it is.
If you actually have seen the subpoena, you are better off dealing with it straight on. If you ignore it, thinking you can just say you never got it, you might find yourself hauled into court by the sheriff to tell that story.
2007-11-21 13:10:48 · answer #3 · answered by raichasays 7 · 1⤊ 0⤋
Depends on the state. In many cases, unless it's a super-important case, delivery by mail is adequate.
And even if it's not adequate, the fact that you got the subpoena means that it has been served on you. If you say you didn't get it and they can prove that you did (which really isn't that hard) then you'd be in contempt.
2007-11-21 09:43:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Technically... It would be wrong morally, but then again, what goofball lawyer wouldn't have it delivered to you in person, or at least signed for in some capacity? If he really did just stick it in your mailbox, there's certainly plenty of room for plausible denyability.
2007-11-21 09:23:26 · answer #5 · answered by PoohBearPenguin 7 · 0⤊ 0⤋
just ask the 100 or so people in jail who tried that answer. ignore it and its a bench warrant
2007-11-21 09:56:34 · answer #6 · answered by rerun52 2 · 0⤊ 0⤋
You got it, your just trying to pretend you didn't get it. So why lie?
2007-11-21 12:51:05 · answer #7 · answered by sdkidduran 4 · 1⤊ 0⤋
that would be a lie. people shouldn't lie, that's a naughty thing to do, and then people don't like you.
2007-11-21 09:17:22 · answer #8 · answered by bananaster 2 · 0⤊ 0⤋