Q: I received a notice of hearing in the mail about a lawsuit, but I have not been served. Must I go to the trial?
A:
You need to discuss this with an attorney right away. Your facts don't say whether this is a small claims matter or something else. You claim you were not served, but there is a method of service called "service by publication" that a Plaintiff can do after receiving the permission from the Judge. You may never know about the published notice. At the very least you should look up your case online using the case number on the notice of hearing and find out whether they claim to have filed a proof of service on the Summons and Complaint against you.
Technically you don't have to go if you were never served, but you do run the risk that some action will be taken against you without your knowledge. I have gone to these kind of hearings for clients that were not served with a lawsuit but found out about the hearing, just to be aware of what went on. If no one shows, the Judge could set the case for dismissal at another hearing usually 60 days after.
THE OPINIONS STATED HEREIN ARE BASED ON THE INFORMATION CONTAINED IN THE QUESTION,WITHOUT ANY INDEPENDENT INVESTIGATION. DO NOT RELY ON FREE LEGAL ADVICE IN A PUBLIC FORUM, EVEN MINE. CONTACT AN ATTORNEY OF YOUR CHOOSING IN YOUR LOCAL AREA TO PROTECT YOUR IMPORTANT PERSONAL RIGHTS.
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