Refuse Service of Summons
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  1. #1
    Join Date
    Oct 2002
    Posts
    123

    Refuse Service of Summons

    Does anybody know anything about refusing to accpet service of a summons. I want to know if anybody knows what can happen if you don't take the summons from the sherif. What i am think is that they can't get a default judgement if you never accept service of the summons. Any ideas on this????


  2. #2
    Join Date
    Feb 2001
    Posts
    17,876

    Re: Refuse Service of Summons

    You cant refuse it?
    Originally posted by t_sims224
    Does anybody know anything about refusing to accpet service of a summons. I want to know if anybody knows what can happen if you don't take the summons from the sherif. What i am think is that they can't get a default judgement if you never accept service of the summons. Any ideas on this????

  3. #3
    Join Date
    Oct 2002
    Posts
    123

    Re: Re: Refuse Service of Summons

    Originally posted by lbrown59
    You cant refuse it?

    Why not???? Is there a law that says you have to take something that someone is giving to you. I mean if i try to hand the officer a bag or a paper, he does not have to take it. So why does anyone else have to take anything from them. It is not a warrent. Any ideas. what i am think is if you never accept something or have knowledge of it can you be responcible for it?????

  4. #4
    Join Date
    Jan 2003
    Posts
    149

    Re: Re: Re: Refuse Service of Summons

    Originally posted by t_sims224
    Any ideas. what i am think is if you never accept something or have knowledge of it can you be responcible for it?????
    If the person or officer serving the summons verifies your address but finds that you have refused service, the summons can then be served by other, less obvoius methods! In this instance, service by publication - publishing the summons in your local newspaper - is an acceptable means of service in many venues.

    Refusing to acknowledge an instrument of the court, in most instances, means that the party that filed suit can seek to declare you non-responsive which then opens the door for summary judgement. Stop beating around the bush - take the summons and either retain a lawyer or research the case, file a response with the court and make the other party do some leg work. Most of the time when creditors are awarded judgements, it is simply due to the fact that the debtor fails to respond and the creditor gets a default judgement in the absence of the debtor!


    Michael

  5. #5
    Join Date
    May 2002
    Posts
    6,411

    Re: Re: Re: Refuse Service of Summons

    You'll get the same answer here as you got on CB, 3 days ago.

  6. #6
    Join Date
    Oct 2002
    Posts
    123

    Re: Re: Re: Re: Refuse Service of Summons

    Originally posted by Butch
    You'll get the same answer here as you got on CB, 3 days ago.

    hehehe. You know i got to poLL the people Butch. the more opinions the better. It is just an interesting thought. You can't be responcible for what you don't know. It is a bit technical