What is the procedure for getting served with a summons?

NKearney50 · 02-10-2010 12:59pm #1

It has been indirectly said to me that I have tried to be served with a civil summons........yet two weeks on, no one has called and there has been no registered post slip in my post box.

I am completely flabbergasted as to what I may be summonsed for.

Is there somewhere in the courts that can be rang to see if a summons has been issued or does the solicitor sending the summons write to you to inform you of it?

I am totally confused on the matter and quite anxious about it.

Thanks for your time.

Our man in Havana · 02-10-2010 1:51pm

Do you owe anyone money?

McCrack · 02-10-2010 2:28pm

Yes well a server may have called to your home or place of work and you were simply not there. A summons won't be served on a person by registered post so personal service needs to be effected.

NKearney50 · 02-10-2010 2:33pm

Haddockman wrote: »

Do you owe anyone money?

No I don't owe any money all my bills are paid!

Its very strange.

Our man in Havana · 02-10-2010 2:35pm

McCrack wrote: »

Yes well a server may have called to your home or place of work and you were simply not there. A summons won't be served on a person by registered post so personal service needs to be effected.

What can they do if a person is very good at evading service?

NKearney50 · 02-10-2010 2:37pm

McCrack wrote: »

Yes well a server may have called to your home or place of work and you were simply not there. A summons won't be served on a person by registered post so personal service needs to be effected.

So if the person does not serve you, how do you know if you have to go court or not?

If a court date is set and I haven't been served what happens?

Many thanks.

NKearney50 · 02-10-2010 2:40pm

Haddockman wrote: »

What can they do if a person is very good at evading service?

I am not evading service.

I have been told that a summons has been issued against me on the QT for a court date in the next few weeks but I have absolutely no idea what it is in relation to.

I am anxious to know if this is the case so that I can consult a solicitor on my behalf.

Is the element of surprise with no defense( not that I need one as I have done nothing illegal) an option these days.

Can you be served a summons for a court date set and have no idea what it is in relation to?

Very confused!

Our man in Havana · 02-10-2010 2:43pm

I am not evading service.

I never said you were.

If a court date is set and I haven't been served what happens?

They will simply ask the judge to allow subsituted service and adjourn the case to a new date.

NKearney50 · 02-10-2010 2:49pm

Haddockman wrote: »

I never said you were.

They will simply ask the judge to allow subsituted service and adjourn the case to a new date.

No I was just making myself clear to you just incase you may have thought I was. It can sometimes be heard to understand what people mean in their posts so I was just clarifying that point.

So if I have received no summons, no slip or solicitors letter referring to a summons or court date then how would I know if there was a summons against me.

Could it be that the person who told me was making it up?

Cause if they hadn't said it to me then I would be clueless and not be worried unless I was infact served!

Weird!

But thanks for your help.

Just needed to hear an opinion or two.

McCrack · 02-10-2010 2:51pm

NKearney50 wrote: »

So if the person does not serve you, how do you know if you have to go court or not?

If a court date is set and I haven't been served what happens?

Many thanks.

You have to be served and as Haddockman said if you cannot be reached personally the Plaintiff will apply to the court for substituted service which allows the summons to be posted to you.

The summons will have the details of claim on it. So sit it out and wait. There's nothing you can do until you have been served.

NKearney50 · 02-10-2010 2:55pm

McCrack wrote: »

You have to be served and as Haddockman said if you cannot be reached personally the Plaintiff will apply to the court for substituted service which allows the summons to be posted to you.

The summons will have the details of claim on it. So sit it out and wait. There's nothing you can do until you have been served.

Many thanks for clearing that up for me.

Hopefully it is a mix up of sorts.

Enjoy your evening.

NKearney50 · 02-10-2010 2:55pm

Haddockman wrote: »

I never said you were.

They will simply ask the judge to allow subsituted service and adjourn the case to a new date.

Many thanks for your input also Haddockman.

Enjoy your evening.

NKearney50 · 02-10-2010 3:00pm

Haddockman wrote: »

What can they do if a person is very good at evading service?

Actually this is a very interesting question?!

Since we are on the topic!

What is the procedure for getting served with a summons?

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