Q: is it legal for a law firm to serve a summons to me that has never been entered into the courts?
I was served a summons last night by someone in civilian clothes. They did not ask for a signature and just left me with a Summons, a complaint under simplified civil procedure, 2 Exhibits of evidence, and a blank form Answer Under Simplified Procedure. When I called the courts this morning to file a response I was told that no case existed. Is this legal or is this a malicious scare tactic?
Terrence, I called the court that is listed on the summons. There is no case number, courtroom, or division listed in the appropriate places all three court forms. The clerk that I spoke to searched my name and the name of the plantif but could not locate any records.
A: A summons in a civil case is usually (or often) served by a private process server, not a peace officer. Process servers are civilians, and they don't wear uniforms. And service of process normally doesn't require that you sign for it. So it doesn't seem that the service was unusual. What is odd is that the clerk of court didn't have any record of the case being filed. Did you accurately tell the clerk the case number and case name? And are you sure that you inquired at the right court?
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