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    legallyconfused's Avatar
    legallyconfused Posts: 2, Reputation: 1
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    #1

    Jan 20, 2009, 05:36 PM
    Summons by Mail?
    I found a "summons" in my PO box, addressed to me, apparently official, from a federal court in in another state. The attached "complaint", as it were, does not mention my name, nor does it have any charges or remidy witin it. I'm in Washington state. The person named as "plaintiff" has a website where he basically stalks people he has had contact with in year's past. MUCH libel there regarding myself and several others.. but I drift off topic...

    My question is, since I'm neither named in the "summons" nor was it even served.. do I have to respond? If so, to whom?

    There is no attorney involved on the "plaintiff's" side, this is, truly, simply an attempt to get me to respond..

    Do I have to?

    Sincererly, name withheld for obvious reasons
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jan 20, 2009, 05:53 PM

    There should be a court and a docket number. Look up the court and call them. Verify that this is real. They will be able to tell you more.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    Jan 20, 2009, 05:54 PM

    Hi legallyconfused, well you write intelligently, put together a really good post, so I am wondering why you are wondering about a 'summons in the mail' that doesn't name you. You have gone as far as finding out the 'plaintiff' has a website (why would this be mentioned on the summons... unusual.

    I have more questions. Maybe you can answer some of these before I offer more.

    Oh, and you didn't say what they want, money, property..
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 20, 2009, 06:35 PM

    Without knowing a lot more, it does sound like he knows the people involved, is this a notice to appear as a witness?
    legallyconfused's Avatar
    legallyconfused Posts: 2, Reputation: 1
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    #5

    Jan 20, 2009, 08:12 PM
    Quote Originally Posted by Fr_Chuck View Post
    without knowing alot more, it does sound like he knows the people involved, is this a notice to appear as a witness ??
    I'm away from home at the moment, have to return in two days, and left the "summons" there... It all looks "official" in that there is a govt. stamp and all.. I *am* named on the summons, but the complaint, which was apparently filed in a different state over two years ago, does not name me at all.

    As for damages, charges.. etc, nothing. I am, frankly, amazed that anyone actually let this go through. What a waste of time for eveyone involved...

    Yes, I do know the plaintiff..

    Have not had communication with him in probably four or more years..

    There are a number of others "named" in his suit, though, none in the "complaint" my main question.. do I even have to take this seriously?

    I will call the court and see what they have to say. I *think* this is simply an attempt by the "plaintiff" to force anyone who was "served" (all by mail, not registered, simply a letter) to seek legal advice and cost them money in the process...

    *sigh*

    I've tried to ignore this person for years.. *IF* I had the $$, I would surely turn the table on him and sue for libel, as, if you Google my name, the first two things that come up are two "articles" on his blog that simply rip me to shreds.. none of it true or based on anything other than a wild imagination of someone who is bi-polar... (on social security for that reason)...

    Why does the legal system let these people even file such things??

    :confused:
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #6

    Jan 20, 2009, 08:33 PM
    Quote Originally Posted by legallyconfused View Post
    I'm away from home at the moment, have to return in two days, and left the "summons" there... It all looks "official" in that there is a govt. stamp and all.. I *am* named on the summons, but the complaint, which was apparantly filed in a different state over two years ago, does not name me at all.

    As for damages, charges.. etc, nothing. I am, frankly, amazed that anyone actually let this go through. What a waste of time for eveyone involved...

    Yes, I do know the plaintiff..

    Have not had communication with him in probably four or more years..

    There are a number of others "named" in his suit, though, none in the "complaint" my main question.. do I even have to take this seriously?

    I will call the court and see what they have to say. I *think* this is simply an attempt by the "plaintiff" to force anyone who was "served" (all by mail, not registered, simply a letter) to seek legal advice and cost them money in the process...

    *sigh*

    I've tried to ignore this person for years.. *IF* I had the $$, I would surely turn the table on him and sue for libel, as, if you google my name, the first two things that come up are two "articles" on his blog that simply rip me to shreds.. none of it true or based on anything other than a wild imagination of someone who is bi-polar... (on social security for that reason)...

    Why does the legal system let these people even file such things???

    :confused:
    If its not real, you might have a case for a harassment charge.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jan 21, 2009, 06:35 AM
    Quote Originally Posted by legallyconfused View Post
    I'm away from home at the moment, have to return in two days, and left the "summons" there... It all looks "official" in that there is a govt. stamp and all.. I *am* named on the summons, but the complaint, which was apparantly filed in a different state over two years ago, does not name me at all.

    As for damages, charges.. etc, nothing. I am, frankly, amazed that anyone actually let this go through. What a waste of time for eveyone involved...

    Yes, I do know the plaintiff..

    Have not had communication with him in probably four or more years..

    There are a number of others "named" in his suit, though, none in the "complaint" my main question.. do I even have to take this seriously?

    I will call the court and see what they have to say. I *think* this is simply an attempt by the "plaintiff" to force anyone who was "served" (all by mail, not registered, simply a letter) to seek legal advice and cost them money in the process...

    *sigh*

    I've tried to ignore this person for years.. *IF* I had the $$, I would surely turn the table on him and sue for libel, as, if you google my name, the first two things that come up are two "articles" on his blog that simply rip me to shreds.. none of it true or based on anything other than a wild imagination of someone who is bi-polar... (on social security for that reason)...

    Why does the legal system let these people even file such things???

    :confused:


    First, the legal system doesn't choose who is right and who is wrong or sort through the evidence - just about anyone can sue about just about anything and then a Judge sorts it out. The entire legal system would be in chaos if the Court made a decision about the value of a case when the initial papers were filed, without benefit of hearing both sides.

    What type of Government stamp is on the papers? I've seen a Summons with all the information and a Complaint without all the information before. Obviously if this is a "pretend" summons you are being harassed.

    There are three types of service - personal (pretty self explanatory); substitute (service on a responsible adult followed by mailing the papers to the Defendant); and nail and mail (sticking the papers in a door, followed by mailing). Is it possible there was some sort of physical service and so far you only have the follow-up mail?

    Otherwise, check with the Court to see if it's legitimate. But if there are filing deadlines, don't wait to long to respond.

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