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

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βˆ™ 2006-09-07 13:45:32

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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

2006-09-07 13:45:32
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Related Questions

I recently received a civil case judgment which the defendant was found personally liable not his business?

If the defendant was found personally liable, you may not receive much from this judgment. A judgment just says the money is owed, it doesn't provide the remedy for paying it.


The Plaintiff filed for Motion for default judgment and i received a notice that the motion for default judgment is hereby denied What does that mean to me being the defendant?

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Can a judgment be filed against a person without having to go to any court?

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What if you do not receive the summons for debt collections?

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What happens when a creditor sues you for a vehicle repossession and takes you to court?

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Does the collection agency or the court notify you when a judgment is placed against you?

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Are you required to appear in court before your wages can be garnished?

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How do you record a lien on real property?

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What happens when you do not pick up certified mail that was sent by small claims court?

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Defending a Business Lawsuit Worksheet?

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What is asked for when a defendant cannot receive an impartial trial in the original location?

A change of venue is asked for when a defendant cannot receive an impartial trial in the original location.


What are the steps a credit card company does before they garnish your wages?

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What is the required format for lawsuit summons?

The plaintiff files a petition for the civil suit, the court clerk notarizes and files the petition, the civil summons is served on the defendant by an officer of the court, a private process server or in some instances by certified mail. In cases such as creditor suits, the defendant does not have to physically receive the summons, all that is necessary is for the plaintiff to make a reasonable attempt of service.


What is the punishment an accused person would receive in a criminal trial called?

After conviction, the defendant will receive a sentence.


What is the present perfect tense of receive?

The perfect present tense of "receive" is have/has received.I/We/You/They have receivedHe/She/It has received


If a jury decideds a case in favor of plaintiff can a judge grant a motion that effectively means that the defendant wins?

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What is the present perfect tense of received?

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What action can be taken in Oregon if someone stops payment on a check to someone?

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This is asked for when a defendant cannot receive an impartial trial in the original location?

Change of Venus


What is correct Have not receive or Have not received?

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What name is given to a guilty plea in which the defendant is attempting to receive a lesser punishment?

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