Wardensville, WV asked in Real Estate Law for West Virginia

Q: I received a call and am not sure if it's a scam or something I need to deal with.

I had a message on my answering machine with a name and possibly company I couldn't understand, saying that it was a final attempt to serve a court summons and that someone over 18 needed to be here to sign and that failure to call back would result in fines and penalties under Title 18 Section 1501. Is this a real thing? I'm not aware of any court case against me, and I don't want to call back if it's a scam but also don't want to get in trouble if it's not. The caller showed up as from Morgantown, WV, and the phone number they left to return the call was (866) 900-0258. I don't know what this is about, so I'm not sure what category to select below and will just choose one so I can submit the question.

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2 Lawyer Answers

A: First, it is not uncommon for a process server to call a person on whom they are serving a summons to arrange a convenient time to deliver the summons.

Second, it is not uncommon for scammers to use this type of call as a ploy to find out when you are home, usually to burglarize you at a time when you will not be home.

Third, you will not be fined or penalized under that federal law for not calling back.

Anthony M. Avery agrees with this answer

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Anthony M. Avery
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A: You do not have to make yourself available to receive the summons and complaint. But you cannot attack the process server either. And intentionally avoiding service gives the plaintiff grounds to serve you by publication. If you get served, then hire an attorney. If not, forget about it.

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