Skip to main content

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

Sumter, SC |
Filed under: Divorce

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

+ Read More

Attorney answers 3

Posted

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.

Posted

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.

Posted

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.

Get Avvo’s 10-part divorce email series

A weekly guide with tips and legal advice for each stage of the process.

Divorce topics

Recommended articles about Divorce

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer