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Does The Court Have To Notify You


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After reading a recent post regarding summory judgments, I was wondering if the courts must notify you of a court date when you are being sued by someone?

For instance my Father lives in Clark County WA, and three years ago he was served a summons from some law firm representing Beneficial Finance. He responded to the summons point by point denying everything and making counter claims. In 2005 his bank account was attached and he his funds taken. Since my Dads neighbor had had something simular happen he was able to advise my father to file for an excemption do to the fact that his income was all from SSA and pensions.

My dad was never notified, either by the court or by the plantiff as to an actual court date. In fact aside from the summons he had never recieved any other documentation from either the plantiff or the courts. It wasn't until his funds were taken that he discovered that they had obtained a summory judgement against him.

Shouldn't the courts have at least notified him of a court date? Shouldn't they have at least notified him that a judgement had been granted against him?

It seems to me that many of these CA/Law firms are increasingly being aloud to manipulate the legal system in such a way as to pretty much garrentee a victory. Why aren't the courts making any effort to insure that both parties are equally notified as to court dates and out comes? Are the courts in the pockets of these CA/Law Firms?

This is a very frieghtening trend that has been developing ever since the late 90's, and nothing is being done to stem or cortail it.

So much for due process and a fair trail.

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I'll give it a shot.

Sometimes a Summons can be issued before a hearing date has been determined. The proper response, at least in my state, depends on whether it was filed in District Court or Conciliation Court. If it was filed in Conciliation Court, you're obligated to call the court to find out when your hearing date is. If it's in District Court, they're obligated to tell you when your hearing date is if you file the proper paperwork: A Notice of Appearance, Answer, and Affidavit of Service.

It is possible that your Dad received a Summons with a hearing date yet to be determined, responded by letter in a way which didn't technically fulfill his legal obligations, a court date was set, and a default judgment was entered agaisnt him in his absence. I agree, it's shameful.

Sometimes I wonder how these lawyers can sleep at night, knowing that their lives are spent scheming how to take money from the elderly, the disabled, the addicted, and the most destitute in society.

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