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Like most legal questions this may vary from state to state and maybe depends on the type of summons you receive.
In general you must receive a summons personally or by certified or registered mail for it to be valid in court.
For example, if you get a traffic or parking ticket, the officer physically hands it to you on that there is an appearance date. You can receive a summons to appear from a duly sworn officer of a court, a process server or even from a regular person.
What happens is on the date of the summons if you do not appear the judge will ask the "complaintant" or "complaining witness" if there is "Proof of Service". The return receipt of certified mail, signiture of the person receiving the summons or again the person who served the summons swearing that the summons was served.
In absence of that proof a judge cannot order a bench warrant for contempt or failing to appear and in civil matters he cannot enter a judgment in your absence because you were not duly served and given opportunity to appear.
A telephone call or even a faxed or emailed summons will not cover the burden of "proof of service" and if someone does it this way and then swears proof of service and either a judgment is entered or a warrant issued you can request to have it set aside because you were never served.
This happened to me once when I was representing myself in family court to request an emergency custody hearing for Christmas visitation and I had the summons which I created as well as the proof of service document for the court and I handed her the summons in the waiting area of the courthouse. She claimed that it was an illegal service and asked a sheriffs officer if I could subpeona her like that and he said of course. I filled out the proof of service and had the officer witness it. It was an unnecesary step but when she didnt show for the hearing it served as proof and she ended up losing by default.
Anyway, I would check in your state and see what the law is and as technology improves who knows, one day your computer might suddenly have a message saying "You have been served".
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∙ 12y ago
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Summons not served?
If the summons is not served, it will be returned to the court. The only time a summons is not served is if you are not home, or they have a wrong address for you.
Would you get a phone call before being served a court summons?
no u will get some type of certified letter in the mail.
Can a Fourteen year old be served a summons?
In most states a 14 year old can be served a summons for someone else.
An IRS summons is served by who?
The IRS.
What are your options if you are 1 month short of your state's SOL and have been served a summons?
You had better answer the summons.
How long after your served with a summons does it take to get garnished or court?
Summons for my sons medical bill, how long?
What does return of summons means?
It means that the summons was served and notice of its service was returned to the issuing agency.
What does summons returned mean?
It means that the summons was served and notice of its service was returned to the issuing agency.
Defendant is served with a SUMMONS and is required to?
Appear in court.
What times of day can you be served with a summons?
Summons can be served at any time however, preferably between sunrise and sunset, specially when the summons are to be served upon a female. As such no timing has been prescribed for servicing of summons, however the reasons are to be recorded in writing in case the summons are served between sunset and sunrise.Additional: Some departments and agencies have internal rules that also may restirct the serving of summonses on Sundays, or national or religious holidays. however they are not laws, only internal guidelines.
What does it mean if the docket says disposition dismissed by all parties but a summons was still served?
If a summons was served in this case, it would be a smart idea to respond to it. You can ask your question in court at that time.
How to find out if child support papers have been served?
The agency or person in charge of the lawsuit summons will inform the plaintiff/petitioner that the summons has been properly served upon the defendant or his or her legal representative.
