It can be scary to receive court papers, whether you’re the plaintiff or the defendant, but it’s important to understand that getting served doesn’t necessarily mean that you’ll lose your case or even see it through to the end. Unfortunately, this information isn’t always readily available, so here are some insights into what happens if you never get served court papers by an officer of the court.
The Process of Being Served Court Papers
The court papers for a lawsuit are often served to the person who is being sued. This is done by a process server, someone authorized by law to serve court papers. The process server may be an employee of the law firm that filed the lawsuit or a private individual hired for that purpose. This person will most likely show up at your door and hand you a copy of the complaint and any other documents related to the case (such as subpoenas, witness lists, etc.). They will then ask you to sign an affidavit stating that you received these items from them.
What Happens If You’re Not Home When the Server Comes?
What happens if you’re not home when the server comes to deliver court papers? When someone is served with court papers, they have a limited time frame within which to file an answer. If they fail to do so, they will be in default, and their case may be dismissed or decided in favor of the plaintiff. Default judgments are always bad news and can result in serious consequences.
For example, if you’re ever convicted of DUI, your driver’s license may be suspended for a year. And even after that year has passed, your license could still get taken away for up to four years if the offense was committed while your license was suspended for some other reason.
What Happens If You Ignore the Court Papers?
There are three possible outcomes if you never get served court papers. The first is that the debt collector will stop trying to collect the debt, and it will eventually go away. This can take anywhere from five to ten years. The second option is that they continue trying to collect the debt, but they do not have any more legal ways to do so and must resort to illegal methods such as calling you at all hours of the day and night or even harassing you in person.
The Consequences of Not Being Served Court Papers
You must receive the service of court papers and be aware of the lawsuit to have time to respond in a timely manner. This could lead to an unfavorable ruling if the case is dismissed for lack of response. In addition, you may not be aware that a judgment has been entered against you until a creditor or other party contacts you and demands payment on debts owed or property seized.
Conclusion
What does happen if you never get served court papers? Well, for starters, it’s unlikely that the other party will know you exist because they can’t find you. So if they go to the courthouse to file their paperwork and ask where to serve, the court staff will only be able to give them an answer. They would have to serve you by publication or through legal notice.
