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legalhelpseeker · Oct 3, 2008, 10:31 PM

What should the defendant do if the Summons of Writ and the process were just dropped on the front step of the defendant's house without any acknoledgemennt of anyone been served (No one was home at the time)?

Thanks a lot!

excon · Oct 4, 2008, 06:24 AM

Hello legal:

Well, you can just ignore them, but then somebody will get a judgment against you, and that ain't good. Or you can go to court and say you weren't served properly... But, the judge might ask you how you knew to come to court that day, so that ain't good. Or, you could go and defend yourself, and hopefully win. That'll be good.

excon

JudyKayTee · Oct 4, 2008, 07:09 AM

Originally Posted by legalhelpseeker

What should the defendant do if the Summons of Writ and the process were just dropped on the front step of the defendant's house without any acknoledgemennt of anyone been served (No one was home at the time)?

Thanks a lot!

This is perfectly legal in many States - it's called nail and mail. The papers are left (supposedly in a secure place) and then service is completed by mailing a copy of the papers to you. The Affidavit of Service is then filed with the Court and you are considered served.

In many States - again, not all - you do NOT have to be personally served. Matrimonial actions are "usually" the exception.

And if you don't reply to the papers - excon is 100% right. A Judgment could be taken against you and then you'll be fighting an uphill battle to set it aside.

Fr_Chuck · Oct 4, 2008, 07:09 AM

Yes, this is the problem, the process server will have signed off you were served. *** in some states, depending on what the case is, putting it on the front door is proper service**

But if you don't show up in court, pretend you did not get it, well they will just win and then you will have to fight it in court after they have already won.

You can claim improper servcie and they will just serve you again.

Or you can fight it in court.

Mikesonecall · Feb 23, 2011, 07:21 PM

Even though this is an extremely old post these posts unfortunately gave you very poor information. You were not served correctly as that a nail and mail must be approved by the court. The person attempting service must file an affidavit claiming due dillagence in attempting to serve you. (Check with your court in your state to see proper prcedure for service.It may differ by state and even by court). Do not however ignore the service. File a motion to quash the service with the proper court in the proper time frame.If they do not grant your motion then you will need to respond with an answer.

JudyKayTee · Feb 23, 2011, 08:01 PM

Originally Posted by Mikesonecall

Even though this is an extremly old post these posts unfortunatly gave you very poor information. You were not served correctly as that a nail and mail must be approved by the court. The person attempting service must file an affidavit claiming due dillagence in attempting to serve you. (Check with your court in your state to see proper prcedure for service.It may differ by state and even by court). Do not however ignore the service. File a motion to quash the service with the proper court in the proper time frame.If they do not grant your motion then you will need to respond with an answer.

Nail and mail doesn't have to be approved by the Court. Please post the Statute that says that it does.

Of course the person who serves must prepare an Affidavit of Service. An Affidavit of Service is prepared for EVERY service, not just nail and mail.

And, yes, you're right - this is a very old post. Odd you would open an account and address ONLY this thread.