My Father unknowingly, accepted a subpoena (from a debt collector) directed to my boyfriend on his behalf but without permission from my boyfriend. The service was performed at my father’s house, a home my boyfriend had NEVER resided.
Is this legal?
Must he appear in court even though he was not actually served?
There are probably grounds to have the service quashed. Your boyfriend, not you, should consult a lawyer.
Just because I answer your question does not mean that I am your lawyer, or that you should take action based on my answer. I am not your lawyer. I can give you my best guess based on the facts as you present them in your question. Any questions that I ask in my response are rhetorical, which means that I do not want you to answer my questions.
I concur- based on these facts there looks to be a rational basis for a motion to quash. There are also time constraints for service of process to be considered.
However, debt collection suits can often be easily negotiated and attorneys who can help facilitate these processes abound, as you can see by the above answers.
What county are you in and do you have a case number? Some of the aforementioned considerations can be answered with a quick review of the docket.
If he was subpoenaed to appear, it was likely to a deposition at the attorney's office, not to court. If he got a summons to appear, that is different. So, right off you start with a confusing statement. While either can be challenged for lack of proper service, the whole purpose of service is to give notice, and he has notice. Some judges might not be so inclined to later quash the service if it is made known that the bad service came to your boyfriend's attention quickly. So, the quicker he acts the better. Still, many judges would say "he knows about it now" and give some time to respond thus treating the service as good notice even though it was defective. Ideally, the laws regarding service of process would be strictly enforced to discourage sloppy service, but in practice that is often not the situation. So, tell him to seek counsel. Best of luck to your boyfriend.
The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action.
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