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    SpringKid's Avatar
    SpringKid Posts: 3, Reputation: 1
    New Member
     
    #1

    Mar 2, 2013, 03:27 PM
    Summons Not Served; lived in another City
    The court says I failed to appear in court for a summons that was apparently served on me at an old address; I lived in another city at the time it was served.
    I never received the summons and eventually a warrant was issued for my arrest a few years later after they found out I no longer lived in that City. I was never sent a summons where I was living at the time, but I was arrested for Contempt in the City I resided, and driven back by Sheriff's to the city where the failure to appear was. I did see my old address on the papers the Sheriff had when he picked me up.

    After going to court, set up payment arrangements, I eventually filing bankruptcy, the case was squashed. My problem is this is still haunting me because I work in banking my fingerprints come back as being arrested.

    How can I fix this? The court documents says there is an Affidavit of Service; which I never received because I lived in another city, and at Court they would not let me explain that I was never served or had I ever seen the summons.

    I applied for a government position and this has come up again... I need help in resolving this.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Mar 2, 2013, 03:29 PM
    If the issue was included in the bankruptcy, then it should be listed as resolved.
    SpringKid's Avatar
    SpringKid Posts: 3, Reputation: 1
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    #3

    Mar 2, 2013, 03:32 PM
    Quote Originally Posted by ScottGem View Post
    If the issue was included in the bankruptcy, then it should be listed as resolved.
    Yes it was, but the arrest keeps showing up. Had I been served I never would have been arrested.
    SpringKid's Avatar
    SpringKid Posts: 3, Reputation: 1
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    #4

    Mar 2, 2013, 03:35 PM
    Quote Originally Posted by ScottGem View Post
    If the issue was included in the bankruptcy, then it should be listed as resolved.
    I does say squashed on the court dockets. Thanks
    Mcsap9213's Avatar
    Mcsap9213 Posts: 99, Reputation: 10
    Junior Member
     
    #5

    Mar 2, 2013, 04:31 PM
    You need to check with a lawyer and see if you can get this incident expunged. Expunged means legally GONE.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Mar 3, 2013, 06:59 AM
    Quote Originally Posted by SpringKid View Post
    I does say squashed on the court dockets. Thanks
    I'd be willing to bet that it actually says "quashed".

    Either that or the judge doesn't know how to spell.

    Quote Originally Posted by Mcsap9213 View Post
    You need to check with a lawyer and see if you can get this incident expunged. Expunged means legally GONE.
    Unlikely that this can be done. The fact is that OP was arrested, but not found to be in contempt because OP didn't violate the criminal laws. The best course of action would be to explain this to the potential employer.

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