Question:

Summons for court taped to front door?

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I came home today to find a summons for court taped to my door, but it's for the lady who lived here before me. What is the proper thing to do with it? Do I need to contact the court to let them know that she no longer lives here?

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7 ANSWERS


  1. You don't have any obligation. However, the Court might be interested that this woman was improperly served. This summons should have been handed to her in person.


  2. No, let them issue a warrant for her so they will come and break down your door in the middle of the night looking for her, putting your family in danger.

    Yes, contact the court house.

  3. Afraid it's not as simple as a mere phone call. You'll probably need to go to the court registry with the summons and lots of ID to prove you're you. Ask the registrar if there are any other steps you might take to prevent a similar occurrence later on.  Make sure you contact any attys listed on the summons, too. Had the same problem for about a year - a nightmare! Process servers simply would not see sense!

  4. I would say yes, if you can.  It would prevent them from coming back in arrest mode and get the wrong person (you).  Take your ID with the same address and prove to them it is not you.

    Another thing is that a summons is to be serve to the individual and the server did a poor job and the court should know that too.

  5. You have no "legal" obligation to call the court, or anyone else.

    However, if you do nothing, the case goes ahead, she loses by default, the plaintiff gets a judgment, and seeks to collect on that judgment. In many States (though not all) he may be able to do that by having the bailiffs or sheriff go to her address and seize sufficient personal property for sale to satisfy it.

    How much time would you like to spend going back and forth to court trying to persuade the judge that it's your stuff, not hers, that the Sheriff seized, and asking them to let you have it back?

    EDIT - to the posters above - in many States it's perfectly legal to serve someone by affixing the summons to the door of their last known address.

    Richard

  6. I would just pitch it.  Calling the court will be more hassle than it is worth.

  7. Definitely call the court and let them know that she is not at that address.  You don't want to run the risk of them coming back in arrest mode.  

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