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Court date is in late Feb / 2013 but the certified mail summons to the defendant to date is being ignored . Once it is returned to the court as unclaimed court policy is to re - issue the summons by regular mail , give sufficient time for a response then it's up to the judge to determine if the summons was legally served . The problem is that there doesn't seem to be enough time for all this to happen before the court date . Should I simply show up in court and see what happens ? Best case would be some kind of continuance . Or should I ask to have the court date re - scheduled to allow sufficient time for the summons process to run its course to conclusion ? I don't want to lose my eligibility to sue as I have a slam dunk case . What is the best way to proceed ? thanks