Is it legal to be sued without prior notice of any court dates or paperwork?

Question

i didnt get any notification of me being sued. No paperwork, phone call, nothing. And ive been  sued? on the paperwork it states nothing of what ive been sued for. All 3 papers of the notice are stapled together with the date of 7/23/12? how do i fight this?

Paul Evans · Answer

Anyone may file a legal action against you, but they cannot obtain a judgment against you without due process.  You must be notified of the action and afforded an opportunity to give your side of the story. Once you have been given proper notice of the action, in most cases you are considered in default if you do not respond within thirty days. Proper notice is to be personally served with a copy of the Summons to Court and Petition seeking damages from you. Proper notice can also be leaving those documents with any family member at your residence who is at least 16 years old. If you believe you were improperly served, you should consult a lawyer to enter a limited appearance for the sole purpose of objecting to service.  There are other rules that apply to Service of Summons (also called Service of Process). You should consult with an experienced attorney to be adequately advised about your rights.

Willie Stephen Graves · Answer

It sounds like the papers you're reading are probably the notice of the suit. Do they say "You have been sued?" Call whoever signed the certification that you were served and ask for the suit papers, or go to the clerk of the court where the papers say you were sued and get a copy. Somewhere there's a Petition that sets out the basis for the lawsuit. But nobody is required to call you or write you before filing a lawsuit against you.

Andrew Velonis · Answer

It is not clear from the question as to exactly what happened. You should bring that paperwork, together with anything else you have regarding this matter, to an attorney in your area. It will be worth the consultation fee. I have had clients honestly declare that they were never sued but then it turns out they were, but just did not realize what was happening.  I have also brought successful counter-suits against lawyers who filed judgments that were not valid. But we really can't answer you until we actually see what you have.

Thomas Bulman · Answer

Deny, deny, deny each allegation and file your response in the Court today.

Paul Whitfield · Answer

No one has to give you notice of anything before suit. The summons and complaint served on you is notice. See a lawyer about your paper work. Do it now.

Michael Yurasov-Lichtenberg · Answer

Consult an attorney. If the suit against you was improperly filed, or if the papers were improperly served, the case can be dismissed. But it takes knowledge and experience; and most attempts to fight a lawsuit without professional representation result in fiascoes.

Stephen Lombardi · Answer

This sounds unusual in that due process requires notice.

Bernard Huff · Answer

Retain a defense attorney to assist you.

Mark Smith · Answer

You answer the paper work and show up in court when required, otherwise you will be defaulted.

Mark Leonardo · Answer

No it is NOT legal to be sued without notice. When someone is sued, they have to be served with the Summons and Complaint. The first thing you want to do is get to the court, pull the file, and look at the proof of service that states, when, how and to whom the Summons was served upon. If it was your spouse or agent or at work, etc., it might be valid service. If for example, you moved, and they tried to serve you at the old address and you were not there, they may have gotten an order to publish notice of the lawsuit in a newspaper.  The law allows for this, but very few people ever read those notices and realize they have been served and run to the court to file a response.  So if you were served by publication, you need to get to a lawyer to help you here.  There may be a good chance of you undoing the judgment.  Even if not served by publication, if you can prove you were not served (e.g., you were out of state on the date they claim they personally served you), you can get the judgment set aside.  You need to move quickly.  There are 2 time frames on this:  (1) a 6 month deadline from the entry of your default or (2) possibly 2 years from the default, particularly if it was by publication. It runs from default, not the date of judgment which I suspect is 7/23/12. I strongly urge you to get legal representation as you will not very likely figure out how to undo the damage here on your own.

Jeffrey Lapin · Answer

It is hard to provide you any specific guidance without more information. I will try to provide some general information that may be useful.  There is generally, especially in personal injury cases, no duty to notify someone that they are going to be sued. When a lawsuit is filed, a copy of the complaint and a summons must be served upon the defendant (the person being sued). Usually this is done by the sheriff, constable or by certified mail. If the defendant cannot be found, the person suing (the plaintiff) can ask the court for permission to file a notice in a newspaper about the lawsuit. The "summons" indicates the date by which a defendant has to file an answer or other legal document. The "complaint" would list the basic facts for why you are being sued and what the person suing you wants. In certain types of cases, such as evictions, the summons does indicate the date the defendant must appear in court.  The papers you received should have been a summons and the complaint.  I cannot comment what the "7/23/12" date means without knowing what document it was on. It could be the date the lawsuit was filed against you, it could be the date you have to file an answer or many other things.  You should consider talking to an attorney to get more information about what the papers you received mean and what you need to do to defend yourself.

Gregory Casale · Answer

Notice is a requirement of any suit. However, there are ways that a person suing can effectuate service without you being aware. Sometimes leaving a summons at your last and usual place of living or work is sufficient for service. Other things may require in-hand service. It is something that you will need to challenge. Speak to your own lawyer. You will need counsel if being sued or charged.

David Blain · Answer

The only notice requirement when you are sued is the process of service of the summons and complaint. There are a few ways this can be accomplished such as personal service, substitute service or by publication. Also, different types of legal proceedings allow for additional service methods such as the unlawful detainer process, which allows for service to be processed by posting of the summons and complaint.  Personal service means you were personally delivered the summons and complaint. Substitute service means a person of appropriate age was left the summons and complaint to turn over to you (i.e., your spouse that resides with you can be served; or an employee who is in charge can be served for the employer); and service by publication means the notice of the lawsuit was published in the newspaper and in the local paper that is most likely to provide actual notice. Service by publication is only permitted where the Plaintiff has made diligent, good faith and reasonable efforts to first serve the defendant personally or by substitution.  If you were dodging service, and service ultimately was processed by publication and you were never aware of the notice in the paper, then it's likely that the case proceeded against you and a default judgment was entered in the Plaintiff's favor. But it appears you do have paperwork letting you know you have been sued. You have a very limited time to file a responsive pleading (usually 30 days, but less in certain types of cases such as an unlawful detainer). So don't procrastinate. Get moving on it.

David Stoddard · Answer

When you are sued, you must be served with a  Summons and Complaint for the suit to commence. This is also how you are notified that you are being sued.  This may be the papers you received. On the other hand, if you have been served with notice of a hearing that was held 7/23/2012, or a judgment from the suit, then it is possible you got served earlier and didn't know it. The rules allow you to be served by leaving the papers with someone who lives in your household. I have seen cases where the papers were left with a family member or roommate who never gave the papers to the Defendant in the suit. How you defend it depends on what the suit is about. If you have insurance to cover your liability , such as auto insurance for a car accident, or homeowners insurance for an accident in your home, turn it over to your insurer. IF there is no insurance coverage it is best to retain an attorney.

Phong Thanh Tran · Answer

The papers that you received or were served with will probably serve as legal notice that you are being sued.  You have a limited time time in which to answer the complaint, usually no more than 20-30 days, and should reply immediately.

Joel Selik · Answer

If you have been sued and a default judgment has been entered against you,  you can file a motion to set aside the judgment. But you must move quickly, there are short and strict time deadlines.

Michael Yeksavich · Answer

A person can be sued without being told they are being sued. It sounds like you have been served. If so, consult a lawyer without delay.

David Hibbert · Answer

This is a technical area. Someone has apparently sworn that you have been properly served with summons and legal process. In some states and some matter merely taking it to your door may suffice to evict. If you've evaded service, a judge could have allowed service by publishing a notice in your official county newspaper.

James Osak · Answer

Contact the court. Also, contact the other side. Seek out and retain an attorney.

Dean Esposito · Answer

If you have not been served, the court cannot go forward with the hearing.  If you have been sued but have not been served yet, you can go to the clerk of court and get a copy of the petition or lawsuit file against you.

Jason P. Kutulakis · Answer

In PA, a plaintitff has 30 days to perfect service of a civil complaint. You should consult with and retain an attorney!

Michael Heilmann · Answer

A summons and complaint must be served on you and answered to the Court. If you do nothing, a judgment will be served on you.

Stuart Nachbar · Answer

I would urge you to bet to counsel. I can not tell you how to defend because you have not told us what you ae being sued for.  If it was for a Car accident, I will tell you to give it to your insurance company.

Barry Regar · Answer

Yes it is legal.  The complaint is the legal document that has your  name in the caption as the defendant and then has a name of the person suing you as the plaintiff.  If you read the complaint you will find why you are being sued and perhaps the amount they are seeking.  You need to file an answer to the complaint within 30 days of being served with the summons and complaint or else the plaintiff can take your default.  I strongly recommend that you seek legal counsel immediately.

Brett Rosenthal · Answer

You are required to be served with service of the summons by personal service. Would suggest you look at the court file and determine how they claim to have served you.

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