If I'm Subpoena for court and didn't get the letter in my hand do I have to go to court ?

Asked about 4 years ago - Sumter, SC

I have a son and his dad is about to get a divorce and his wife wants me to testify that they were married at the time I had my son

Attorney answers (3)

  1. James D. Mosteller III

    Pro

    Contributor Level 13

    Answered . If the subpoena was delivered to your primary place of residence and handed to a person of suitable discretion living in the home (usually someone older than 14 years of age will do) then you have been served. If you signed for the letter at the post office, but then refused it, you are served.

    If the process server tried to give you the subpoena in person, and you refused to accept it, you are served.

    without more information it is difficult to answer whether the subpoena has been properly served upon you. If you do not appear in court and the Judge is satisfied that you were properly served, you can expect a visit from the Sheriff's department that day.

  2. James D. Mosteller III

    Pro

    Contributor Level 13

    Answered . If the subpoena was delivered to your primary place of residence and handed to a person of suitable discretion living in the home (usually someone older than 14 years of age will do) then you have been served. If you signed for the letter at the post office, but then refused it, you are served.

    If the process server tried to give you the subpoena in person, and you refused to accept it, you are served.

    without more information it is difficult to answer whether the subpoena has been properly served upon you. If you do not appear in court and the Judge is satisfied that you were properly served, you can expect a visit from the Sheriff's department that day.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . Based on the information in the post it sounds like you are on notice as to the subpoena. Actual in hand service is not always required, as Hollywood wants us to believe in cat-and-mouse chase legal dramas. Often leaving such a document at the abode of the individual or otherwise is enough.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,098 answers this week

3,026 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,098 answers this week

3,026 attorneys answering