Asked by Andy Blackwell in Uncategorized
Can a warrant be given for not respondig to a civil summons?
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Asked in Civil Process, Debt Collection, Civil Cases
Do you have to respond to civil summons that was not given to you?
Can you file a civil suit against a police officer if you were given a summons by him?
No. Serving a summons is not in and of itself an infraction of your rights. No. Serving a summons is not in and of itself an infraction of your rights. No. Serving a summons is not in and of itself an infraction of your rights. No. Serving a summons is not in and of itself an infraction of your rights.
Asked in Small Claims
What to do with a civil summons that's not a credit card debt?
Can a summons be given to a family member in lue of the defendant?
Asked in Law & Legal Issues
What is the document that notifies a person or a group of a lawsuit against them and orders them to appear in court on a given date and time?
Asked in Law & Legal Issues, Repossession, Yu-Gi-Oh
What is a summons?
Summons is a document that secure the attendance of the accused person in court of law . if the Magistrate , Justice of the peace having jurisdiction intend to prosecute a person and such a person is not in custody and no warrant of arrest has been issued to such person in respect of an offence he or she committed , he the Magistrate or Justice of the peace shall drawn up a SUMMONS through the clerk of the court to hand it to a person in question . It contain the name of the accused person , his address , gender the place and the time where and when the hearing will take place and the name of the charge for which a person should be charge . It will be serve to a person within 7 days exclude weekend and public holidays be given to accused himself , if he is unreachable to any person residing there or working where the accused person works and such person shall be of 16 years old and above . It will be a prima facie that the service of the SUMMONS has been served . If the person to whom a SUMMONS has been issued failed unreasonable to appeared in court as far as the SUMMONS concern . A warrant of arrest will be issue against him . Others documents are : Indictment>same as the SUMMONS , but this can be use in High court , Subpoena>For calling a witness in court of law and Warrant>For arrest any person in respect of an offence .
Can a collector use a judgment to garnish your wages if you were not served a lawsuit summons and given a chance to defend yourself in court?
It is possible for a creditor to receive a judgment by default when the debtor does not appear on the date of the trial (hearing). In most instances all that is needed is for the creditor plaintiff to make a reasonable attempt to serve the person named on the civil summons and not necessary for the summons to be physically placed in the defendant's hands.
Asked in Law & Legal Issues
Will you go to jail if you go to court after missing your court date for a summons?
Asked in Warrants
Can you be arrested for a failure to appear warrant if you were never given a ticket with a court date on it?
Asked in Law & Legal Issues, Criminal Law, Warrants
Do police have to show the warrant before a search?
Asked in Debt Responsibility
What is the difference between statement of claim and writ of summons?
Asked in Warrants
Can a person get a passport if they have a warrant for arrest?
Can you receive a court summons by phone?
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".
Asked in Warrants, Extradition
How long does it take to be released on a warrant?
Asked in Personal Finance, Credit and Debit Cards, Loans, Personal and Payday Loans, Money Management
Can a payday lender take out a Warrant for someones arrest in VA for unpaid loans?
Asked in State Laws
What do you do if you did not pay your seat belt ticket and also missed your court date in Colorado?
Asked in US Civil War
When Was the gettyburg address given before after or during the civil war?
Asked in Warrants
Is a search warrant valid if it is not complete ie. missing pages?
Question is unclear. What about the warrant is incomplete, and how would they know it? If the affidavit in support of the warrant application is incomplete the warrant should never have been issued. However, if the judge's signature appears on the warrant it can be considered legal. If you are referring to the copy that the resident was given by the searching officers/agents - it is not necessary that the entire document be given to the resident - only enough to show that the correct address/location was being served. In fact it is not even a settled matter of law that the resident must be given or shown, a copy of the warrant. Many agencies do so, however, as information to the resident or as a 'public relations' matter. If the validity of the warrant is in question, it can be raised in court as a defense against unlawful search and seizure. If upheld, any evidence seized at the time of the warrant service will be excluded from trial as "fruit of the poisoned tree."