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Court summons

Pauline100 · 2013-10-20 21:33:35

What happens if no summons is served to a court case, & it is adjudicated on without defending party present.

20-10-2013 9:33pm

#1

Pauline100

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What happens if no summons is served to a court case, & it is adjudicated on without defending party present.

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#2 20-10-2013 10:14pm

Cody Pomeray

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It can proceed while the respondent/ accused is in absentia, depending on whether the judge is satisfied the r/ a has been properly served, or a bench warrant may be issued.

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#3 20-10-2013 10:17pm

hullaballoo

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Since that never happens, there is no answer.

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#4 20-10-2013 10:18pm

Pauline100

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If it was a high court case & no summons was issued to the defendant, can the judgement be overturned?

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#5 20-10-2013 10:19pm

Pauline100

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Hullaballoo, how are you so sure that this never happens? Are you saying it cannot happen or you think it doesn't happen?

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#6 20-10-2013 10:20pm

hullaballoo

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That actually, procedurally, couldn't have happened.

Do you mean that the Defendant didn't receive the summons?

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#7 20-10-2013 10:21pm

Tom Young

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I closed a thread similar to this earlier and I instructed OP to seek legal advice post haste.

This thread is now closed.

Original Poster - contact a solicitor quickly.

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This discussion has been closed.