Being served with court papers?
No, they cannot get you into court without service of process. AND if they were able to leave it with your mother, they would have already when they came, so obviously, this service involves direct service of YOU and not someone living at your house. But make no misteak, they will come back and if they cannot find you, they will hunt you down. I used to serve process myself and if one cannot find you to serve you they pass it on to someone else that is, well, more determined? Theyll get you eventually. so, remember that. If something does happen, they failed to give you service and many cases are won on improper or no service.
How are court papers served?
Under state law, it depends, in Illinois, service of process on a natural person requires in-hand service by a process server on the person on the defendant or service on a person over 18 who reads at the defendant’s address. Service on a corporation can be made by on the registered agent of the corporation or in any agent of the corporation responsible enough to know to alert the legal department or corporate counsel to the lawsuit. Service of subsequent papers is made by mail on the party or counsel of record or participation in an electronic filing and service system set up by the courts or otherwise by agreement. Other states have similar requirement. Federal service of process conforms to the law of the state where the court sits, and subsequent papers by participation in the federal electronic filing system, CM/EFS, or by mail or by agreement. Service of process is a big deal is that the defendant has to know that they're being sued and won four so that they can defend themselves. What is called personal jurisdiction, the power of the court over the defendant, must confirm to due process requirements, notice and an opportunity to be heard.
Court Papers being served?
Generally, no. It sounds like you've been watching too many TV shows. In order to be officially served, he must accept the papers. In most states, the service is done by a police office, bailiff, or some other member of the court. In this case they will requires a signature, and your spouse can do what he wishes with the papers -- including through them away. You could probably make the case that he WAS served, and have your friend stand up as a witness, but that may not be a legal option in your state. You should check with your lawyer for more specific advice. You DO have a lawyer don't you . . . . .? it is just this kind of "stuff" that the lawyer is paid to handle. Your attempt to "self serve" could cost you in teh final judgement.
If I am being served with papers for court ..and I do not physically take them, Am I still served?
if the constable touches you then that is assault you should be able to defend yourself. If someone is banging a hammer on your door what if you put a bullet through the door, you donot know if you are being attacted. A family where I lived heard banging on the door and opened it and perished. Hundreds of examples of home invasion you don't know if someone taking a hammer to the door is trying to harm you. so the judge that took the ladys civil rights and and refused to pay for the damage on her door is an asshole judge. What happens when you plebians go to the judges multimillion dollar home and nail to his door a notice????? First the judge would probably feel threated and shoot you , if not he would have you arrested for a number of charges including vandalism, treaspasing, disturbing the peace, thrown in jail etc. You plebian have to take him throwing you in jail for wanting restution for damaged property. You know the judges are totally corrupt they favor the law stuuudent who has run up $150,000 education and need to pay back student loans and the million dollar house and you are the plebian pleading before his court verus his buddy laws student frat buddy needs a payment made on his ski boat. Hey jonn449 what if someone nailed something to your door. So the nsa spends $85 billion a year on recording every phone call ,voice mail, email ,Skype call and all American communication and a filthly dirtbag asshole judge okkkked it. Thinthread, Prism. Congress was bribed by the creditcard companies to toughen the bankruptcy laws to make it more expensive and time consuming and to allow unlimited interest rates and fees charged to the consumer that use to put mafia dons in prision under the usury laws now the creditors walk into congress with a bag of cash for the senators and a 3 piece suit usury doesnot exist now.
Avoid being served papers to go to court?
1. No, but you wouldn't have known that. 2. You would have just been served at your home, or if someone else answered the door, they could have done a substitute service. 3. Anybody who is not a party to the case can serve you. And just a side note, the whole purpose of personal service is to provide you NOTICE of being sued. If you are evading service and they have facts to show that you have had NOTICE, then they can sometimes get an order to serve you via another way like first class mail or public notice. Although that is rare. But the purpose is to let you know. You have been properly served and you know now, so you better respond to the complaint in a timely manner so they don't default on you.
Is there a way to find out why your being served court papers?
The court papers should state specifically why your boyfriend was served. You mention " to release his rights " so that's a start. Rights of what. Unless he was served for the people of a given County or State, the name of the other party should be on the summons. There may be more to this than your boyfriends wants you to know at this time. You state should have a form of a legal aid to assist people, like yourselves in cases like these. Take full advantage of it. By not following up on this the consequences could be much greater than you know.
Can a person avoid being SERVED papers from a court?
For the best answers, search on this site https://shorturl.im/yuwsm No, you had no legal obligation to tell this person who you are. However, there is no actual requirement that you admit being who you are in order for service to be effective. As long as he positively identifies you in some way (the easiest is to simply ask, which is why they do so), then service is effective. If the process server were to explain that he had a recent picture of you, the person he served matched the picture, the person he served got into a vehicle registered to you, and/or was leaving a home where you are the only known resident, then that'll easily stand up in court.
If You Don't get Served Court Papers, Is there a trial?
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...
I was served court papers from a credit card debt, but they weren't served to me, just to my residence...?
There are a lot of people in your financial situation. And you're partly correct -- personal service is only one of the many ways that someone can be legally served with court papers. You were served by substituted service, which means that a competent person over 18 who lives at your residence accepted the papers for you. This could also happen, say, if you were a business that was being sued and the papers were left with a secretary at the office, for example. Since you were legally served, you should get an attorney, or contact the attorney who is suing you on behalf of Discover -- his or her name would be on the summons and complaint that you received -- and ask if you can work out a payment plan. They'll probably be more open to a settlement and lower monthly payments at this point. Try to work something out with them. Whatever you do, DO NOT just ignore it. If you don't contact them for a settlement or file papers in court (they'll file settlement papers if you come to an agreement with them), then they can get a judgment without you, and then the debt will seriously come back to haunt you.
What are the laws regarding being served court pappers?
This is referred to as 'substitute service' and is quite legal in most cases. The requirements for this are simple: The person serving the papers must be over the age of 18, and not a party to the case. In the case of substitute service, the process server leaves the papers at with a person appearing to be of adult age at the last known address. A 'nail and mail' (posting of the paperwork/delivery to person at address then mailing of a copy of the paperwork to the address of service) approach is usually done in the case of substitute service, so don't be surprised if you get another copy in the mail. You do not have to accept the papers for the service to be legally completed. The process server can just drop them there and it is done. You might as well pick up the papers, because it does not matter if you do, they have been legally served anyway. Make sure that your name is not on them! Time is of the essence in court cases and if your name is on that paperwork, the clock is ticking. Now then, you are not bound to go looking for your brother who does not live with you. As long as your name is not on the papers, and it does not have to do with an Unlawful Detainer (eviction) for your residence, you can safely ignore them since they don't have to do with you... Although you might want to send a letter to the court shown on the documents explaining that the target does not live there (but that is optional). EDIT: Mr Placid is not entirely correct in his diatribe about the process server. Although there is no specific provision for 'last known address,' the fact remains that so many people have tried to evade service that the process server has no way of knowing whether you are telling the truth or not. Since the address that the server has is yours, he was justified in going for substituted service. I do agree with Mr. Placid that a letter to the court would be a good idea to clarify that the target does not live there, allowing for the court to reissue the summons and have the process server dig a bit deeper. The fact remains, however, that the process server was within the Code of Civil Procedure for this circumstance. -- Again: Just to protect yourself, make sure that you are not named on the paperwork and that it is not for an Unlawful Detainer (eviction).