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Can the plaintiff receive a judgment if the defendant never received a civil summons?

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Wiki User
2006-09-07 13:45:32

I Don`t Think So. I Have Seen This Happen. They Have A Day In

Court As You Or I Would. They Will Still Have To Be Summond. You

Will Not Have To Pay For This Second Time. Best To U * Probably. In

the majority of US states it is only necessary for a reasonable

attempt to be made to serve the debtor/defendant either by a

process server or certified mail. Attempting to avoid a creditor

summons for a civil suit does not protect the debtor from the

litigation process nor does it prevent the plaintiff from obtaining

a judgment and executing same. YOUR QUESTION IS PRETTY VAGUE SO I

CAN ONLY ANSWER IN GENERALITIES. IT IS WELL ESTABLISHED THAT A

PERSON MUST BE NOTIFIED OF A SUIT AGAINST THEM SO THAT THEY MAY

RESPOND. HOWEVER, BEYOND THAT, THINGS CAN BECOME A BIT MURKY. UNDER

MOST CIRCUMSTANCES, THE OTHER PARTY MUST BE NOTIFIED OF A HEARING

THAT CAN RESULT IN A JUDGEMENT BEING RENDERED AGAINST HIM. HOWEVER,

THIS IS NOT A 100% RULE AND IT DEPENDS ON THE STATE'S LAWS. FOR

EXAMPLE, LETS SAY A PARTY IS SUED AND DOES PERFECTLY NOTHING ABOUT

IT .I.E., HE DOESN'T EVEN TRY TO PRESENT A DEFENSE. HE FILES NO

ANSWER. HE JUST 'LETS IT RIDE.' BAD MOVE. IN MANY STATES, THE

PLAINTIFF, IF THE DEFENDANT HAS TOTALLY FAILED TO RESPOND TO THE

SUIT, CAN GET WHAT'S CALLED A JUDGEMENT BY DEFAULT WITH NO NOTICE

TO THE DEFENDANT. THE DEFENDANT CANNOT COMPLAIN THAT HE WASN'T

NOTIFIED. HE WAS IN FACT NOTIFIED WHEN HE WAS SERVED THE ORIGINAL

PAPERS. THE ORIGINAL PAPERS CLEARLY STATE (IN ALL STATES)HOW LONG

THE PARTY SUED HAS TO FILE A RESPONSE. ONE CANNOT JUST IGNORE

WHAT'S CALLLED THE 'ANSWER DATE." ONE ADDITIONAL CAVEAT: IT IS NOT

IN ALL CASES THAT YOU WILL BE HANDED OR MAILED SOMETHING IN

WRITING. THE LAW MAKES PROVISIONS FOR PERSONS WHO HIDE FROM SERVICE

OF COURT PAPERS. THEY CAN BE SERVED IN VARIOUS WAYS INCLUDING BY

'PUBLICATION.' OR, IF YOU SIMPLY REFUSE TO ACCEPT THE PAPERS, THE

LAW DOES NOT ALLOW YOU TO MAKE A MOCKERY OF THE LAW. TERRILL

CORLEY


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