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I now live in Australia, my mailbox provider in the USA just emailed me to say he has received a summons for me, it is dated 50 days ago, and the summons states I have 30 days to respond or a default judgement will be filed against me. What can I do about the date? How can I respond from overseas?
Hello b:
You can hire an attorney in the jurisdiction where the proceedings took place. You're not going to be able to fight the case long distance... Eventually, you'll have to appear...
excon
I do intend to appear, and fight the case (a fire destroyed mine and a neighbor's property, the neighbor is suing me for negligence, which is untrue). However, due to me now living overseas (the fire was almost 3 years ago), the summons, dated in November last year, didn't get into my hands until a few days ago (delivered to my mailbox provider in California).
So the 30 days to respond has passed, can I respond now to the court, seeing as I didn't receive the summons in time? How best do I go about finding an attorney when I'm not in the country to interview one?
Quote:
Originally Posted by brentles
When did your mailbox provider actually get the summons? And how was it served (other than mail)? This has got to be a Superior Court case and there had to be some method of personal service.
I'd get a letter out to the Court IMMEDIATELY, copy to the Attorney, advising when/how you got the Summons and asking for the status of the case. You might try calling but I don't know if the Clerk will give you any info. Perhaps the other Attorney will.
Finding an Attorney in any other area - you have to ask friends and business colleagues for their suggestions and ask the Bar Association for recommendations.
Thanks excon and Judy,
The summons was served in person at my mailbox provider by a server, he signed for it last week (the summons was filed at the Superior Court Nov 19). Have I been served properly in this case? I am typing a letter today to mail to the court and the Attorney, and have emailed all my professional friends in the US to see if they can recommend an Attorney to represent me.
I won't mail the letter until I have spoken to the clerk on Tuesday when the Court is open again; what can I do if the Attorney has filed a default judgement already?
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Originally Posted by brentles
The time began to run when the papers were served - why your mailbox provider accepted service is totally beyond me, by the way.
The date on the Summons is meaningless. Service has to be attempted/accomplished within a "reasonable time frame," which varies by State. It's the date the papers were filed that determines whether the action is within the Statute, by the way, not the date you were served.
At this point you have no choice but to respond. If you don't, a Judgment will undoubtedly be taken against you. You can always argue bad service but I don't see it's "bad."
If your mailbox provider was served last week, no, the time frame (30 days) hasn't run and you are within the time limit to respond. Thre can be NO Judgment until the time frame runs.
But you MUST respond in writing.
I am sending my response today, expedited from Australia. I have a feeling the mailbox provider sat on the summons for a while before notifying me, as I called my tenants who are renting my house, and they said someone tried to serve me at my house the end of November, and they directed him to my mailbox address (I guess they thought they were doing the right thing).
Now my problem is I don't have my checkbook with me in Austalia to include the $350 fee for filing the response! This is getting so complicated. I have gone online to the court and can see with entering the case # that a Case Management Conference has been scheduled for Feb 5th. Does that mean I still have time to file my response? Is it possible to put that date back as I will have to arrange a flight, find an attorney, dig up my old files on the fire etc.
Quote:
Originally Posted by brentles
Without actually seeing the papers no one knows what the time frames are, exactly what is required to respond legally. Retain an Attorney and ask for a postponement due to these circumstances. I don't see that Motion being denied.
I have seen these "conferences" to simply be reports to the Court as to the status of the case. I have seen them review evidence and replies. It's hard to know the purpose of this particular conference.
The matter won't be dismissed, of course, but the Court under any scenario I can imagine will grant you time to respond. If they don't grant time you can't possibly respond adequately.
You could try a letter stating these circumstances and ask for an adjournment yourself but I don't know if the Court would honor that.
The very next thing I would do is speak to the mailbox provider - your tenants did nothing wrong. The mailbox provider should NOT have accepted on your behalf. Service has to be on a responsible person of full age and I don't know if the provider of a forwarding service is, in fact, legally a "responsible person" in your State. In my State (NY) this would be questionable service.
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