Are lawsuit summons offical if they are sent through regular mail ?

Question

i posted a question earlier about being sued for an old credit card account the summons was sent regular mail is it legit i am asking because i researched the compant thats trying to sue me and they are grimy and underhanded

Answer 1

a court order summons must be hand served in some states. but others is fine. it varies, its a state law, not federal

Answer 2

Whether properly served or not, if you are aware of the debt and court hearing, and do nothing, they could get a default judgement.  Then you would need to hire a lawyer and go to court to try to prove that you were not properly served (if that is true), which would only cost you more.  Obviously they have your correct address if you admit receiving it.

Answer 3

This depends on your state and what you consider "regular mail".

As far as I am aware no summons can be delivered through First-Class mail.  However, in most states they do allow a summons to be delivered by "Certified Mail".  But each state might be slightly different on the exact requirements.

Answer 4

I've never heard of a state that allows service of a summons only by via regular mail.  There has to be some proof that you received the summons.  At the very least, summons are served via certified mail, return receipt requested and via regular mail - with proof of mailing.  You need to look at the rules of civil procedure for the court that the lawsuit was filed in.

Answer 5

You have to go.

Answer 6

Unfortunatly in some cases this is a legitimate service of summons but only in a few states.

A summons is a document issued by the court at the time a lawsuit is filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server.

A copy of the summons must be served on each defendant at the same time as the complaint to start the time running for the defendant to answer. Certain writs and orders to show cause are served instead of a summons since they contain the same information along with special orders of the court. After service to the defendants, the original summons, along with the "return of service" proving the summons and complaint were served, is filed with the court to show that each defendant was served.

Substituted service is any method used instead of personal service. Forms of substituted service vary among different jurisdictions, but all are intended to offer a good chance that the defendant actually will find out about the proceedings. If a defendant is not at home, many states permit service by leaving the summons and complaint with any person at the defendant's home who is old enough to understand the responsibility of accepting service. Some states permit service by affixing the summons and complaint to the entrance of the defendant's home or place of business and then mailing a copy of the papers to that individual at his last known address. This method is often called "nail and mail" service. A number of states allow service simply by mailing the papers to the defendant's actual address; registered mail is generally required. States also consider service valid if the defendant's property is attached, or legally seized, within the state and the papers are then mailed to him.

Hope this answers your question

Answer 7

Some states allow service by regular mail.  Check the court to make sure a lawsuit has been filed.  Some collection agencies send summons or official looking documents but haven't really filed a lawsuit.

Answer 8

unfortunately yes......unless its a fake one....

Answer 9

Call your local court house to see if it is a real summons. If it is, you have to file an answer.

Answer 10

If it is small claims court, a regular letter will suffice. If you can prove that you don't owe the money...go! If you think you owe some of the money...go! They may settle for less than you owe or the judge may rule for a partial payment. If you don't show, they'll be awarded the whole amount. They aren't underhanded enough to jump you in an alley at the courthouse right? So you'll only lose with a no-show. Go and get it over with. You might owe nothing or come up with a manageable settlement and manageable payment plan.