Refuse Service of Summons - Credit Repair Forum from Creditnet
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  1. #1
    t_sims224 is offline Senior Member
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    Oct 2002
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    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????

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  3. #2
    lbrown59 is offline Senior Member
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    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????

  4. #3
    t_sims224 is offline Senior Member
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    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?????

  5. #4
    ms6073 is offline Senior Member
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    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

  6. #5
    Butch is offline Senior Member
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    Re: Re: Re: Refuse Service of Summons

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

  7. #6
    t_sims224 is offline Senior Member
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    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

  8. #7
    keepmine is offline Senior Member
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    Re: Re: Re: Re: Refuse Service of Summons

    Something tells me you won't rest until you totally FUBAR'ed this thing.

    Again, you're wrong. You canbe held responsible for what you don't know-particullarly if you've made a conscious effort to not know.
    If your thought process were correct, all ca's and cra's would need do is refuse to pick up CRRR mail. I mean, we didn't know you'd sent a C&D. Or, they could justfire their registered agent and not answer the front door for the sheriff. But judge, we didn't know we'd been sued.
    At the end of the day, you're free to make any argument you please to a judge about the process and service. The problem you'll have is the judge doesn't have to buy the argument.

  9. #8
    pnwman is offline Senior Member
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    Re: Re: Re: Re: Re: Refuse Service of Summons

    Originally posted by t_sims224
    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
    Have you ever gotten a traffic ticket or been to traffic court? There is no question here. Ignorance is not considered a reason for not complying with the law.
    -Pnwman

    TU FAKO 1/03 754>809
    EQ FICO 1/03 607>701
    EX FAKO 2/03 624>649> 666>661

  10. #9
    lbrown59 is offline Senior Member
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    Re: Re: Re: Refuse Service of Summons

    Because the law is based on did they serve or not .
    I'ts not based on wither or not you accepted or rejected the service.

    If the officer drops the summons on the ground at your feet you were served.

    it makes no sifference what you do or don't do with it after that point.It still does not change the fact that you were served.

    Originally posted by t_sims224
    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?????

  11. #10
    SoParkDiva is offline Senior Member
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    Mar 2003
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    Re: Re: Re: Re: Refuse Service of Summons

    Originally posted by lbrown59
    If the officer drops the summons on the ground at your feet you were served.

    signature altered to appease the nit pickers
    Lol! I'm sorry but those 2 statements were funny! =)
    "The large print giveth, and the small print taketh away." - Tom Waits

    All I have in this world is my name and my FICO scores

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