Q: What should I do if I am served with a summons but no complaint?
A summons was “served” to my address to someone else in my household. The papers were dropped in the street by the process server without identifying me or even the household member’s identity. They just said they were looking for me and had seen a “lady” outside my house. My household member said they knew nothing and the process server just dropped the papers in the street anyway and left. Upon picking up the papers, my household member realized they were court documents (process server never said what they were) and when I was finally able to look at the papers, they only contained a summons with no complaint. I have no idea what I am being asked to go to court for or the allegations against me. The lawsuit is also from out of state. It is from a Florida court and I reside in California. Not sure what to do or how to respond. Please help.
A: If you want to find out what the case is about, you can contact the clerk of court for the Florida county where your case was filed, or look it up at the clerk's website.
Bruce Alexander Minnick agrees with this answer
A:
A summons served without a complaint does not constitute valid service. You also raise other issues regarding the service that might make it invalid, even if it had been served with the complaint. HOWEVER, you cannot ignore it - because a return of service will likely be filed with the court claiming valid service. In this situation, you must file a motion to quash service, and it's best to hire an attorney to do that, because if not done correctly, your court filing may be deemed a responsive filing that submits you to the jurisdiction of the court, notwithstanding any defects in service. Another issue is whether to overlook the defects in service if getting service quashed only delays the inevitable, resulting in needless spending of fees.
For a reasonable consultation fee, my office can offer you a consultation that would include looking up the case on-line to see what the case is about, and offering advice on what route to take regarding the service of process issue. Whatever you do, make sure you meet the deadline stated in the summons; otherwise, you will be in default, followed by a default judgment being entered against you. Our office number is (305)933-9292.
Bruce Alexander Minnick agrees with this answer
A: The Summons should have the name, address and telephone number of the lawyer who sent it to you; so rather than ignore it and risk a default judgment, call the lawyer.
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