Saturday, October 24, 2009

If You Don't get Served Court Papers, Is there a trial?

If someone is trying to take you to court for any reason. But they don't know where you are, or if they do know where you are but if someone trys to serve you the papers, you deny you are that person, is there still a trial?
Answers:
if they are trying to sue you in small claims court they are burdened with providing a proper address for the case so that you may be served...
in higher level courts i am not certain, but i believe that they are not required to provide your exact proper address, merely to locate you... say at work or through an attorney...
but i would tend to think that unless they have strong proof of your misdeeds you would want to be in court to defend yourself... and failing to be in court to present a defense would be detrimental to your case...
Oh yes.the trial must go on.and if you did give the wrong information that is obstruction of justice.and believe me! BIG BROTHER knows where you are at, at all times!
Yes, there can be. If a person can't be served with papers, they can be served by publication of the papers in a newspaper. This is expensive, and might not be done in a small case, but it is possible. For example, if I wanted to get a divorce, and my husband hid out to avoid being served with papers, I could serve him by publication. Then the case could go to trial, and if he doesn't show up, I win.
oh yeah
Yes. If you avoid service most states have a way to publish notice in the newspaper, those little bitty legal ads. No one really reads them. But that's how it's done. And then there is a trial. If you know they are trying to serve you and deny that you are the person, you can't complain that you didn't get your chance to come into court since you knew there was a lawsuit. And if you're not there, guess whose side the judge gets to hear?
Maybe. It they can show the court that it is very likely that you are still in the area, they may be able serve you by publishing notice of the lawsuit in your local newspaper.
If they did that and you didn't see it and respond, they can go to court all by themselves, have a "default prove up" trial and win.
Hiding from your problems rarely makes them go away.

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