To be served, or not to be served...

Recommended Posts

An eerie feeling arose when I received mail yesterday from various client soliciting lawyers that "a routine check of the court dockets" show that I may have been sued by a JDB. Pardon me for keeping the actual dates, and if possible, the municipality, as much as a mystery as possible. You know how JDBs troll these forums.

So I went to the state online system to check on what was referenced in those soliciting lawyer's letters and sure enough, there's a case waiting for me with a hearing date VERY soon in the future. The docket sheet shows that the summons was issued (no indication as to how) late last month, and in the past week, an entry that shows the summons was unclaimed. So I ask the other house member who's at home most of the day and they did not hear anybody knock on the door any day between those dates. Nor could I find any record, nor did I ever see a record,or notice, of a certified mail delivery attempt.

The case has a hearing date in the very near future. My dilemma is... do I tell the court right away that I plan to defend, or do I wait for a proper summons? Assuming that it was a mailed noticed, now returned, the next step for the Plaintiff by the county's rules is to publish the notice in the county bar association's public legal record (accessible electronically). According to local rules, such a notice shall be published 60 days before the case is terminated. It doesn't say anything how soon it needs to be published before the hearing date. For all I know, they could probably publish it the day before and call me "served with full notice to appear" with only one day to prepare for a defense. However, I would believe they cannot legally allow that from a civil fairness standpoint. The bar associations public electronic notices are posted every Thursday. I checked each one since the plaintiff's filing data and I do not appear in any of them. The notices for 7/11/2019 have not been posted on their website yet.

Share this post

Link to post
Share on other sites

Wait until you are served.  In the meantime we can offer much better help if we know the following:

Who is the JDB
Who is the OC
What is the year of default
Would this be in Small Claims court

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.