Server attempted to deliver summons. . .

[hnhlvr]

Hi everyone,

A server tried to deliver a summons to me today. The deal is I'm at my in-laws house and they have a rotweiler and another large intimidating dog who barked their heads off and then my FIL went out and told the guy he has no idea who I am. The guy literally ran away b/c of the dogs.

After that, I went and checked the county court records online and it appears that the summons was filed on 7-28. It is filed in the county I use to live in and I moved to another county so is that why it took so long for the server to find me?

What do I do now? I should fight the collection agency right? Can I go to the court house and obtain a copy of the summons so I know what is going on? I would rather not have a judgement default!

Monday I'm withdrawling all money out of my accounts. What about my car?

Thanks!

[Lavvman]

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It was likely a private investigator and spoke to some people at your old addresses and developed the new information to find where you were at. The fact that your family lied to a process server isn't going to go over to well since its a crime to obstruct the delivery of a process in every state in the US. I know here its a class B Misd. He was simply doing the job to deliver the summons, most likely he communicates with the defendants attorney. In order to get a copy of the summons you would need to be served otherwise they will continue to try and find you and reissue allias summons until you are served. Its easiest just to accept the summons and deal with it, than lie because it will eventually caught up to you. hope this helps.

[ryan]

Yes you can got to the court clerks office and get a copy of the summons. You do not have to be served to merely 'get a copy'...

depending how bad they want you, they will keep trying to serve you, but likely only a few times before first hearing....with no proof of service filed, then they will start trying again before next hearing date. ...and on and on, until the diligence date. If no proper service by then, case will have to be re-filed or will lapse on its own.

They can also ask the judge to agree to alias summons or other alternative summons methods, like notice by publication. But, this varies state by state. Some states, if you cannot be served in person, then alternative service will not allow a monetary award to plaintiff.

[Lavvman]

I don't know of any state that you can go to the clerks office for a copy of an unserved summons/complaint. If thats true in your area I learned something new today.

[ryan]

I don't know of any state that you can go to the clerks office for a copy of an unserved summons/complaint. If thats true in your area I learned something new today.

A lawsuit filed in court becomes a document of Public Record.

ANYONE can visit a courthouse where the complaint was filed and see a copy of it. You can also pay a small fee and get a copy. You would only need a Case # to do so.

The fact that the summons was 'unserved' has nothing to do with viewing the complaint.

I would imagine you can do this in any courthouse in America, not just in my area.

[treehugger1]

I always had a look at the summons before being served.

I have heard that there are some states that allow service prior to an official summons being filed with a court. I think I have read of those few examples on this forum.

In general, as Ryan pointed out, the complaint has to first be filed with the court. At that time, anyone has access to see the complaint. Service happens after the filing of the complaint.

[psquared]

What state and county HnH? Here in Florida, you can log on to the clerk of the court and typically see some of the details like who it is from. You may have something similar there and I am sure if you see who its from you will probably know what its all about.

PPA