If I have not been served a summons for a court date for next week, will a judgement be issued if I do not show up?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have not been served a summons for a court date for next week, will a judgement be issued if I do not show up?
I found out through solicitation letters from attorneys for bankruptcy that I am being sued by a collection agency for an old credit card debt from 4 years ago that was in dispute and written off. I have not received a summons, only a calling card from the Sheriff’s office left on my door without my name on it asking someone to call (no one did). So I have never been properly served. Do I need to show up to the court date to tell the court this? If I don’t get an attorney and show up, will they enter a judgement and start garnishing wages for an amount more than double?
Asked on October 31, 2011 under Bankruptcy Law, Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you have not been personally served with the summons and complaint concerning the lawsuit that you are writing about or have been sub-served with the documentation, proper service under the Due Process Clause of your State's and the Federal Constitution has not been made.
Most likely the court will continue the hearing date due to no service of the summons and complaint. However, to be on the safe side, I would show up at court to monitor the proceeding to prevent any default being entered against you.
Good luck.
Â
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.