Hi,

I mistakenly received my friends summon. Now he is not interested in collecting it from me. What should I do now? Can I return the summon back to court? Please advise.

Thanks and Regards,
Deva.

If you were served and you are named on the paper work, you need to appear, the person sueing you could easily decide to sue you that morning if you don't show up.

If you were seved by mistake and you are not the person named on the summons you need to notify the court you were served by mistake

Hi,

Thanks for the reply. My name is not on the summon. The summon was meant only for him and he wasn't at home when it arrived. I signed and received it. So will I be held responsible if he does not answer in 30 days?

Thanks Again,
Deva.

Hello deva:

If you're not being sued, and HE is, that has NOTHING to do with you. THROW IT AWAY.

excon

I would do two things.

One, I would tell your "friend" to not get you in the middle. That whether he collects the summons or not, is not going to save him from being sued or having a judgement entered against him. That he's better off facing up to the issue and not trying to dodge it. That, if the plaintiff can prove that you are friends who have had contact, he can have it looked at by the court as a valid service. So not accepting the summons from you is not enough to plead non-service.


Two, I would mail the summons back to the court with a short note saying that you are not the person named and received it in error.

Thanks all for the suggestions