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chuckntracey7 · Oct 25, 2011, 07:13 AM

The local sheriff has been attempting to serve my husband with a subponea. He does not have a set schedule and therefore does not come home at a certain time / day. They have showed up 3 times now trying to serve him. Each time I have told them that his schedule is not set so I don't know when he will be home.

I was home alone with my toddler sleeping last night and at 11:45 I was awakened to banging on the door and lights being shown into the windows. I was very scared as I was home alone with my child, I thought I was being robbed or broken into. When I saw it was the police I was very irrirated that they would resort to treating me like I'm harboring a fugative and to show up at that time banging on my door and peering into my house? Is there anything I can do to prevent this from happening?

How many more times will they attempt to serve him? My husband obviously does not care about going to court or he would find time to stop by the sheriff office and pick it up. If he's not home when they come, what more can they do? How long can they bang on my door and scare me in the middle of the night?

AK lawyer · Oct 25, 2011, 07:48 AM

Originally Posted by chuckntracey7

... Is there anything I can do to prevent this from happening?
...

Persuade your husband to accept service. You do understand that a subpoena is an order that he appear as a witness in a case? A summons, on the other hand, means that he is being sued.

Either that, or tell the officers where he is at night. Do I currectly understand that he isn't home when they come? Does he work at night?

Originally Posted by chuckntracey7

... ... How long can they bang on my door and scare me in the middle of the night?

Until they get him served, or the trial, deposition, or whatever it is they want him to testify in, is over.

chuckntracey7 · Oct 25, 2011, 07:52 AM

He works various hours; he was not home last night when they came. I don't even know when he is going to be home so I can't tell them. I told them to try a weekend and they did, but he was working.

It seems absurd to pound on my door in the middle of the night and scare me and my child.

AK lawyer · Oct 25, 2011, 07:56 AM

Originally Posted by chuckntracey7

...
It seems absurd to pound on my door in the middle of the night and scare me and my child.

That, frankly, is your husband's fault, not the officers. If your husband had the decency to do the right thing, he could avoid this inconvenience to his wife and child.

It is his civic duty to testify and he is intentionally avoiding it. I don't have much sympathy. Sorry.