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The question is a little unclear, but I'll do my best.
If a lawsuit is just being started against you, it is necessary that you be "served with process". That is the way that the Court gets both personal and subject-matter jurisdiction over you. If the dispute has been ongoing between you and the other party and you have not been able to resolve it, suit may be the only alternative--even if you have been represented by a lawyer until that point. Unless you consent to waive service of process and have your lawyer accept it on your behalf, the other party will have to serve you.
You can refuse service of process, but in most jurisdictions, there are other ways to effect service, such as by publication. It depends upon the nature of the action and the law of the jurisdiction.
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∙ 9y ago
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Can you refuse court papers being served to you?
You can't refuse court served papers. Each state varies but service could be accomplished just by leaving the papers on the door of the persons house (provided the person serving the papers are authorized to do so).
What other ways can a person be served custody papers if they refuse to open their door because they know they are being served?
Hire a process server. Unless your defendant lives in a bunker. Constitution allows sending it through the mail. But Asahi has altered FRCP rules.
Why would any lawyer suggest to their client to leave the state in order to delay being served for DUI offense?
The only reason to avoid being served for a DUI offense is to buy more time to formulate a defense or to file papers in another court or district prior to being served to attempt some other jurisdiction. Avoiding being served is simply that, avoidance, and in almost all cases you will be served eventually. Avoiding the summons by leaving the state, however, has the potential to be viewed upon negatively by the judge in the case.
I would like to know what are correct ways to go about the process of having someone served papers or being served court papers.?
The court issues a summons or process and a sheriff or summons server delivers it to the individual. Papers are served as a result of an action filed with the court, then the court notifies those involved that they must appear.
What rights do you have as a mother whose children were taken?
Get a lawyer and fight it out in court. If they were taken by the paternal father without you being served temporary custody papers, then it is illegal. No one can take your kids without a court order. If they were taken by the state because there is suspicion that you have abused them, the state will have to prove you are guilty before they can make it permanant. Like I said before, get a good lawyer.
Does the plaintiff have to be served the summons?
Yes, being served could mean, physically by a sheriff or by private processor, posting or hanging, or certified mail.
If a cop brings civil papers do I have to sign?
I'm not an attorney but don't sign anything until you know what it's about. If you can ...seek counsel, but definitely educate yourself and contact the clerk of the court for the court where these civil papers came from and ask about the complaint, allegations, pleadings, etc. and get all the court forms or the packet for that issue that are available from the clerk of the court. And find out what " motions " are and where and when to use them. You do not have to sign them, however the person serving them on you will file an affidavit saying that he/she did serve you and that will be proof enough that you were served. Your signature is not required to prove to a court that you were served otherwise people would just refuse to sign. Some courts require that some type of description of the person being served be included in the affidavit, just in case that person lies about not being served.
Do you have to be 18 to get served in mcdonalds?
Given that sixteen-year-olds can work at McDonald's, no, you don't have to be over 18.
What happens in Indiana if you are sued for money and when the sheriff tries to serve you the papers you refuse to sign them?
The court will accept that the sheriff made a reasonable attempt to serve the defendant debtor. That being the case the lawsuit will go forward as it is presumed under the law that the defendant has been legally served regardless of the non acceptance/signing of the summons.
Reasons people get served papers?
Service of "papers" probably refers to legal documents advising a person of some court date or court action. Not all things you can get served with involve a response from you, but may simply be the advisement of the action and your options under the law. The "service" itself is a specific legal step and under some circumstances the person who performed the service may have to testify that it was done, for instance, in a divorce wherein you decided to stay home and not appear, the other party can move that the court proceed without you being present, since you were served with the papers and chose not to appear. The server may be calld upon to make a statement under oath that the papers were served.
What do you do next after being served with lawsuit papers from credit card company?
If you are served with lawsuit papers from a credit card company, contact an attorney immediately. If you wait, your time to answer the petition will expire and depending on the state you live in, that credit card company can obtain a default judgment to garnish your wages or your checking/savings accounts.
Do affidavit need to be hand delivered?
I assume you mean a summons? a affidavit is created after the summons has been served, the affidavit is what goes to the courts after you have been served. There are three ways a person can be served papers. One is (personal hand delivery) two is (suitable age) which means anyone of or over the age of 15 in your household. and last is (taping to the door) after three attempts to serve you papers these are all reasonable means of being served atleast in my State.
