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| *Ostroff, Fair and Company>>>Law & Legal |
I was improperly served with legal papers? |
I was improperly served with legal papers in a civil matter and I don't have time to get an attorney before the court date. What should I do? Define "improperly serves"? My sister came home once to find court papers taped to her door. She called a lawyer who told her since she had not been served correctly, and no one could know for sure she had been served, she did not have to show up. That is in Michigan (I don't know where you are), though and it would depend on how your were served. Whatever you do, don't decide not to show up. how can you be improperly served with legal papers? wouldn't that be ILLEGAL? Depends on what you consider "improper". If the papers are not for you - do not have your name on them - were left at the wrong address, then call the Clerk of the Court listed on the documents. The Clerk's office will probably just ask for the documents to be returned. NOW if the papers are for you, and you think the way you received them was improper because the service was not in accordance with what you believe is the current law, you may be wrong. The laws of service are not only governed by the state, but by the county, and the particular court. Most civil courts interpret the rules of service very broadly. In other words, if you have them in your hand you were served. Don't play with this. Do not try to be Perry Mason. If you really cannot get an attorney then go into court and BEG for a continuance. Above all do not blow this court date off. If you do not show up the court probably will find in the oppositions favor and allow the opposition to institute the penalty they want. This is how people get their wages garnished by debt collectors, get liens against them homes, are force to pay bills they did not make. Attorney since 1993 You can always go to court and ask for more time because of "improper service" Explain to the court how you were improperly served and they should grant you a future court date. If you refuse to show up, you could have a judgment put against you (you will automatically lose the case) The point is not "how" you were served, but "that" you were served. It might make a difference to you; however, it probably won't mean anything to the judge. In fact, bringing this up could unnecessarily weaken your position. Just show up and get it over with. Good Luck. |
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