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tmccullom · Dec 2, 2009, 08:49 PM

I received notice that the sherrif is trying to deliver a court summons to me. How can I find out who is sending it?

this8384 · Dec 3, 2009, 08:42 AM

Call the courthouse and ask if there are any cases against {your name here}.

excon · Dec 3, 2009, 08:57 AM

Hello tm:

It'll be the name where it says plaintiff.

If, by your question, you think there is some advantage to avoiding service, I can disabuse you of that notion. There isn't. In fact, you lose every advantage you presently have - like the ability to tell the judge that you don't owe it.

They WILL serve you one way or another, even if they never hand you anything. It's called service by publication... All they have to do is publish the facts of the lawsuit in the newspaper, and you're SERVED.

Then a default judgment will be entered against you, and the first time you'll find out about it is when your bank accounts are drained, and your wages are garnished.

excon

JudyKayTee · Dec 3, 2009, 04:28 PM

I own a process service company. There is (as has been said) no advantage to avoiding service and there can be a disadvantage. Depending on the State, "nail and mail" (hanging on the door and following up by mail) can be used. There is also service by publication (as has been said). In NY (depending on the type of case) a docket number doesn't have to be assigned before service is made so it's possible that the Court has no idea who you are or what this is about.

Fr_Chuck · Dec 3, 2009, 05:40 PM

Yes, call them up, get a copy of the service and then you have the ability to defend yourself, if not they will at some point have the hearing without you, and guess what you will lose for sure.