Ask Me Help Desk - Received telephone message regarding out of state court summons

I received a telephone message stating that I have been summoned to court between the hours of 8:00am and 4:30pm to an out of state court, but was given no actual court date. The only information left on the message was the name of the company, which is a private processing firm stating they are contracted to schedule a summons and a complaint number that was filed against me. I was also told to call to reschedule if I can not make the times given to avoid further legal complications. Since no date was given it seems to be rather difficult to reschedule, especially out of state. I have never received anything in writing regarding a court summons and have no idea what this could possibly be regarding except possibly an attempt at debt collection. What can I do about an out of state summons such as this? Can I be required to travel to another state for this type of non-criminal summons?

First, this sounds fishy. But you have to do something. Unless you have the name of the court and a docket number, you can't confirm the summons. So you call them back, tell them you have no knowledge of any outstanding debt and demand that they give you the exact court and docket number so you can verify the suit. Do not discuss anything more with them.

Quote:

Originally Posted by harrisw3

... a private processing firm stating they are contracted to schedule a summons ...

If there really is an out-of-state lawsuit filed, I suppose this could be their way of getting you to be at a certain place and time (near you, not in the other state) so that a process server can serve you with process (summons and complaint) at that time. Please understand that this would not be a "court date" or anything like that, but merely service of process.

I have never seen this done before, but I can imagine how such a scheme would work.

Quote:

Originally Posted by ScottGem

First, this sounds fishy. But you have to do something. Unless you have the name of the court and a docket number, you can't confirm the summons. So you call them back, tell them you have no knowledge of any outstanding debt and demand that they give you the exact court and docket number so you can verify the suit. Do not discuss anything more with them.

It's more than fishy. It's clearly a collection agency gimmick. There is no way that this could be any kind of bona fide service of processs. Zip.

Quote:

Originally Posted by harrisw3

... What can I do about an out of state summons such as this? ...

As ScottGemm says, you can call them back and ask for further information. But I would not advise it. If you return the call they have a number they know is yours and, if you do owe something, they can continue to harass you at that number.

Do not play their game and agree to meet their process server "to avoid further legal complications".

Quote:

Originally Posted by harrisw3

... Can I be required to travel to another state for this type of non-criminal summons?

If you are duly served (You haven't been yet.), you could be defaulted if you don't defend the lawsuit. But your use of the term "non-criminal" suggests that you may be wondering if they can arrest you or something. No way.

One can block their phone number for a specific call. Not sure how, but the OP's carrier should be able to tell him how.

But the OP should be very careful about revealing any specific info. The problem I see is that, if there is a real suit, he can't ignore it.

Quote:

Originally Posted by harrisw3

I received a telephone message stating that I have been summoned to court between the hours of 8:00am and 4:30pm to an out of state court, but was given no actual court date. The only information left on the message was the name of the company, which is a private processing firm stating they are contracted to schedule a summons and a complaint number that was filed against me. I was also told to call to reschedule if I can not make the times given to avoid further legal complications. Since no date was given it seems to be rather difficult to reschedule, especially out of state. I have never received anything in writing regarding a court summons and have no idea what this could possibly be regarding except possibly an attempt at debt collection. What can I do about an out of state summons such as this? Can I be required to travel to another state for this type of non-criminal summons?

I run a process service company. This is not how I operate but I've heard of this before, primarily when it comes to collection matters.

I am guessing that OP did not understand or is not accurately quoting the message - schedule a summons and complaint? It's usually SERVE a summons and complaint. It's an attempt to serve a Plaintiff by having the Plaintiff appear to pick up the paperwork. It's NOT notification of a Court appearance.

I have seen it in NY when it's a matrimonial action which must be served personally - but the OP is obviously asking about a collection matter.

It could also be an attempt to convince the Plaintiff that there is a lawsuit pending and he/she will be sued if he/she doesn't settle the debt.

OP is - obviously - free to ignore the call and any further messages.

On occasion when a home address is not available and the person has a high profile I will call the person's workplace, advise that I have a Summons to be served and ask the "Plaintiff" to either meet me or arrange for a convenient time so there is no embarrassment at the workplace. I am upfront about the reason I am calling. If Plaintiff balks, then service is attempted at the office. If Plaintiff won't accept, then it's substitute service.

The exception, of course, is matrimonial actions which MUST be personally served and require a lot of imagination!