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Sheriff attempted to serve us...


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My husband and I are being sued my Midland. We go to court on monday. Our lawyer, who initially contacted us and offered us a pro bono case, has said we don't have to be there. Then he called us back to say that midland has asked the court to make us appear and we will be served that subpoena soon. My husband absolutely can't be there on monday for court because he is in a crunch time at work. We would have to settle before he would go to court, so our lawyer suggested we don't answer to the door to avoid being served that subpoena.

So...sheriff just left a card in my door (when we didn't answer and were hiding!) that read:

We are attempting to serve civil court papers to (name) and please pick these papers up within 48 hours at the sheriff office. If not contacted in 48 hours, the papers will be returned to the court of issue.

SO...my question...48 hours would be friday that they send the papers back to the court. We have court at 9am. It appears that we will not pick up the papers, nor be served by then. Am I understanding this correctly? PLease also understand we've already been served the initial papers for court on monday, these were just to subpoena my husband to actually be in court and not jjust let the lawyer handle it.

Jessica (who HAS called the lawyer, but had to leave a message.)

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When a JDB sued us, and we received notice of the court date, it was a day my husband absolutely could not be there. We contacted the clerk of court, explained the situation, and he told us to write an email to the judge. We did so, sent it to the clerk of court, and he made sure the judge got it. The date was changed.

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My husband and I are being sued my Midland. We go to court on monday. Our lawyer, who initially contacted us and offered us a pro bono case, has said we don't have to be there. Then he called us back to say that midland has asked the court to make us appear and we will be served that subpoena soon. My husband absolutely can't be there on

What kind of hearing is it? Is your Attorney representing your husband or not?

Continuances are granted all the time. Not sure why your husbands alleged Attorney wouldn't file a motion for continuance since your husband is tied up on that date.

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The hearing is them suing us over a $1500 old bank of america credit card. Our lawyer said we don't have to be there, but then midlands lawyer asked the court to subpoena us to be in court.

The papers that were to be served today was the subpoena to say we absolutely had to be in court WITH our lawyer.

I called our lawyer to tell him about this, and he said NOT to pick the papers up and not worry about it. Our court date is still monday, but since we won't be picking up the subpoena, we won't need to show up in court. I'm nervous...but i'm going to trust him for now.

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