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-   -   Summons delivered to wrong person (https://www.askmehelpdesk.com/showthread.php?t=311061)

  • Jan 31, 2009, 08:28 AM
    coumbamak
    Summons delivered to wrong person
    Hi, I was cleaning a house while the owner's of it live abroad now. A man knocked on the door and asked me if I knew the person who's name was on the enveloppe he had (it's the house owner's name) I said yes and he gave the enveloppe even though I told him they don't live here. He just rushed off.
    Because it wasn't sealed I looked inside and saw it was a summons. I don't know how to get in touch with the person (owner) and I don't know what to do with the papers. Please help me, I do not want to be responsible for this. Please tell me what to do.
    Thanks
  • Jan 31, 2009, 09:27 AM
    JudyKayTee
    Quote:

    Originally Posted by coumbamak View Post
    Hi, I was cleaning a house while the owner's of it live abroad now. A man knocked on the door and asked me if I knew the person who's name was on the enveloppe he had (it's the house owner's name) I said yes and he gave the enveloppe even though I told him they don't live here. He just rushed off.
    Because it wasn't sealed I looked inside and saw it was a summons. I don't know how to get in touch with the person (owner) and I don't know what to do with the papers. Please help me, I do not want to be responsible for this. Please tell me what to do.
    Thanks


    Service must be made on a responsible person of legal age. In this case, unfortunately, that's you. In my State (NY) this is legal service although service could be argued. You don't have to live somewhere to accept service. Neighbors (for whatever reason!) do it all the time. I see problems for you if the creditor gets a Judgment against these people and they have no knowledge they were served (by substitute service, of course). The SHOULD get a copy in the mail (in order to perfect service).

    What are the homeowners doing about their mail? That's the place to send this IMMEDIATELY. Address it to the house and hope it's forwarded.

    It is unfortunate, indeed, that you read it because if you hadn't you would not have any knowledge of the summons. Now that you have admitted you read it I would personally call the Attorney listed on the papers, explain what happened and see how they want to proceed.
  • Jan 31, 2009, 09:40 AM
    coumbamak

    Thanks.. I don't know how to reach them. I'm thinking of just mailing it back to the court with a letter.
    I'm hoping the owner won't get in any trouble since they did not notify him and they can handle it without my involvement.
    Do you think that can work?

    Many thanks
  • Jan 31, 2009, 09:55 AM
    JudyKayTee
    Quote:

    Originally Posted by coumbamak View Post
    Thanks..I don't know how to reach them. I'm thinking of just mailing it back to the court with a letter.
    I'm hoping the owner won't get in any trouble since they did not notify him and they can handle it without my involvement.
    Do you think that can work??

    Many thanks



    At this point it's not the Court's problem. It's the Attorney's problem. I would just call (no one likes to talk to Attorneys but in this case you are doing them a favor) and tell them that you took the envelope and then opened it because the owners are away for X number of weeks and you wanted to make sure it wasn't a serious problem and you don't know how to reach them.

    If you want to do so you could send it to the Attorney with a very simple letter stating you were there in an employee capacity, you don't know how to reach them, you accepted the envelope, why you opened it (as above) and you thought they needed to know.

    If the Attorney has a brain in his/her head he will be grateful to you because you are saving him/her a lot of time which translates into money.

    I hate personal advice on the legal boards but I'm going to violate my own "rule." You are to be commended for doing something about this situation. A lot of people would be frightened or not care and just throw the summons in the garbage, causing the homeowners a lot of grief in the future. So pat yourself on the back!

    I own a process service company. I hear excuses all the time. It's very rare that someone as straight forward as you says, "Here's something you should know ..."

    Again - I'm very impressed by your honesty, common sense and courtesy. Amazing in these times.
  • Jan 31, 2009, 10:41 AM
    Fr_Chuck
    Ok, you are cleaning a house and don't know where or how to get hold of the owners? If there was a kitchen fire right now, and the end of the house is missing, who would you call?

    Who are you doing the housework for, if you say that they don't live there?? Who does live in the house, is it a rented house? If so who are the renters, do they know how to get hold of the landlord?

    I am sorry but something seems off here ?

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