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    Laurel92's Avatar
    Laurel92 Posts: 2, Reputation: 1
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    #1

    Sep 26, 2016, 03:48 PM
    How do I fight improperly served summons?
    I have an improperly served summons in York Co. VA:

    The warrant:
    "Summons to Answer Interrogatories and Writ of Fieri Facias"

    Provides the date, location, plaintiff, and attorney for plaintiff

    But not the time of appearance.


    I have called the suing attorney multiple times and left messages for him to call me because he is unreachable.
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #2

    Sep 26, 2016, 04:08 PM
    You may be summined to produce a written reaponse and may not be asked to appear. Perhaps you meed to consult an attorney. For example, interogatories are written questions calling for written reaponses.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 26, 2016, 04:18 PM
    You aren't going to be able to fight this. You have the date and location. You can easily call the court clerk and get the time. The summons probably includes the docket # which you can also use. If you were to miss the appointment and were held in contempt because of it, you can then fight the contempt citation on the grounds that you were not informed of the time.

    Have you just left messages or have you tried explaining to the person you talked to that you need the time to appear?

    Also a writ of Fieri Facias is used when a judgment has already been obtained. So has a judgment already been entered against you? The interrogatories are probably to obtain info about your assets, salary, etc. If the writ is granted, it gives the Sheriff the right to seize or levy your assets.

    The time to fight this was before the judgment was entered against you.
    Laurel92's Avatar
    Laurel92 Posts: 2, Reputation: 1
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    #4

    Sep 26, 2016, 04:54 PM
    Quote Originally Posted by ScottGem View Post
    You aren't going to be able to fight this. You have the date and location. You can easily call the court clerk and get the time. The summons probably includes the docket # which you can also use. If you were to miss the appointment and were held in contempt because of it, you can then fight the contempt citation on the grounds that you were not informed of the time.

    Have you just left messages or have you tried explaining to the person you talked to that you need the time to appear?

    Also a writ of Fieri Facias is used when a judgment has already been obtained. So has a judgment already been entered against you? The interrogatories are probably to obtain info about your assets, salary, etc. If the writ is granted, it gives the Sheriff the right to seize or levy your assets.

    The time to fight this was before the judgment was entered against you.

    I was unaware of a judgement having being made. I suffer from PTSD and have been unaware of a number of things. I have been without income of any type for over 3 years. I am filing for disability because of the PTSD. Without income I cannot hire a lawyer, and I am incapable of representing myself.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #5

    Sep 26, 2016, 05:09 PM
    Talk to a couple law firms and see if they might consider representing you Pro-Bono, They might not pick you to represent... but many do a certain amount of pro-Bono work. Never hurts to ask, worst they can do is decline. Just remember they are under no obligation to help you free of charge.

    If it is too late to fight, they may simply tell you at the consultation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Sep 26, 2016, 06:30 PM
    See if there is a group that supports people with PTSD and see if they can help with an attorney and other advice.

    Talk to your doctor. Ask him to provide documentation that you are incapable of working and representing yourself in court. You need to find an advocate.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Sep 29, 2016, 05:12 AM
    Quote Originally Posted by ScottGem View Post
    ...
    Also a writ of Fieri Facias is used when a judgment has already been obtained. ...
    I.e.: a "judgment debtor examination" in some states. It affords the creditor the chance to examine the debtor under oath, often before an employee of the court clerk's office.

    Provides the date, location, plaintiff, and attorney for plaintiff
    But not the time of appearance.
    I have called the suing attorney multiple times and left messages for him to call me because he is unreachable.
    OP should show up at some reasonable time on the date and place, announce his/her presence, and get documentation of such appearance.

    If the date has passed, my guess would be that the attorney is dropping the issue.

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