My sibling lives in the same state as me but in a different county. Is my sibling considered legally served since the papers were given to me? Should I do anything to contact the courts or the other party to alert them that my sibling does not reside at my residence? Do I need to do anything to protect myself?
2007-12-17 05:56:14 · 11 answers · asked by WillieB 1 in Politics & Government ➔ Law & Ethics
Contact the court clerk and advise the court clerk that you were served with papers that are meant for your brother. If you do nothing then the court will assume that your brother was served and just failed to appear for the proceeding which could result in a default judgment against him or worse case a warrant being issued for his arrest.
Other than making an effort on your brother's behalf you haven't anything to worry about as the service on you was not meant for you.
2007-12-17 06:01:49 · answer #1 · answered by malter 5 · 0⤊ 0⤋
How about contact your sibling and give them the papers?
Typically, when papers need to be served, they serve them to the residence. If the courts see that someone signed for them that is related to the person having the papers served, the party is considered having been served.
Is this a civil warrant? Or has your sibling committed a crime?
2007-12-17 05:59:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You wont serve any time because you were served instead of your sibling. Your sibling is not considered served unless he/she responds to the papers. If he/she was to respond by making a phone call asking questions about it then they would consider them served because they assume you passed the papers along to them. You need to contact the agency/department/court house that issued the papers and let them know you were given the papers and that you have or have not passed them on to your sibling. There are no legal recourses that will be taken accept possibly to your sibling in form of default judgments.
2007-12-17 06:08:18 · answer #3 · answered by dovesong76 1 · 0⤊ 0⤋
There should be a phone number on the papers you were given. I like my siblings so I would call the number and explain to the court what has happened. The court now believes your sibling has been served and would expect them to show up on the appointed date. Your sibling will be charged with Failure to Appear. I don't think you can get in any trouble and don't have to do anything to protect yourself.
2007-12-17 06:01:57 · answer #4 · answered by Pam H 6 · 0⤊ 0⤋
You sibling has NOT BEEN SERVED!
Take the papers to the court indicated and tell them of the service error.
And, obviously nothing can happen to you since you are not named. But, an erroneous default judgement could be rendered against your sibling without their knowledge if you don't inform the court of the error.
Sorting out such errors after a judgement is a pain by the way.
2007-12-17 06:00:44 · answer #5 · answered by Wyoming Rider 6 · 0⤊ 0⤋
No your sibling has not been served, you should contact the courts though and tell them about the mix up just to cover you back.
2007-12-17 06:00:54 · answer #6 · answered by Kemo 3 · 0⤊ 0⤋
You don't have to do anything legally. Your sibling is not considered served in most jurisdictions, it doesn't matter that you were related. However, your sibling should consult an attorney to determine if the state law considers service proper. I am sure you already notified your sibling, so it may be considered constructive service (in WV this is considered valid service).
2007-12-17 06:02:21 · answer #7 · answered by WVAttorney 3 · 0⤊ 0⤋
You could be serving time for accepting the papers. I would call the department they were issued by and ask what to do. Normally, the name on the papers is asked by the person serving them.
2007-12-17 06:02:27 · answer #8 · answered by sensible_man 7 · 0⤊ 0⤋
You should probably forward the papers to your sibling and let the process server know your sibling's address so they can be properly served.
2007-12-17 06:12:43 · answer #9 · answered by lahockeyg 5 · 0⤊ 0⤋
You need to contact the Court and let them know what happened. If you signed and she does not show in Court, one of you is going to jail. Straighten this out quickly. Give them her current address.
2007-12-17 06:00:06 · answer #10 · answered by pupgirl 6 · 0⤊ 0⤋