QUESTION

What are my legal rights if I was served but I never received the paperwork?

Asked on Apr 06th, 2013 on Automobile Accidents - Rhode Island
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I was served but I never received the paperwork. What are my legal rights?
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9 ANSWERS

You need to file a motion to dismiss or to quash service.
Answered on Apr 23rd, 2013 at 9:33 PM

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Ronald A. Steinberg
Served with what? If you were served with a summons and complaint, you got what was required.
Answered on Apr 23rd, 2013 at 11:17 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If you were served with the paperwork you had 30 days to take action. If you did not it is too late and you don't have any "rights."
Answered on Apr 23rd, 2013 at 11:17 AM

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Edwin K. Niles
Served with what? What papers did you get? What papers do you want?
Answered on Apr 23rd, 2013 at 2:22 AM

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Monica Cecilia Castillo-Barraza
Your question is unclear. What were you served with, if not the paperwork?
Answered on Apr 23rd, 2013 at 1:47 AM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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If you were served it would require the process server to give you the documents.
Answered on Apr 23rd, 2013 at 1:44 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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If you were served by substitute service, then get in touch with an attorney immediately before the case goes any further.
Answered on Apr 23rd, 2013 at 1:43 AM

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I am assuming you were served by substituted service. From the information provided, you need to find out who sued you and take steps to defend yourself. You can search most court websites by defendant's name.
Answered on Apr 22nd, 2013 at 11:31 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It depends on what you were served with and how you were served (motion, subpoena, lawsuit?). Assuming it was a lawsuit, the next question is whether you were properly served. Their proper ways you could be served without actually receiving the papers. For example, the papers can be handed to an adult who lives with you. Under certain circumstances, you can be served by publication of a notice in the newspaper. If you were not properly served, you may be able to have set aside any judgment issued as a result of the defective service. If you were properly served but failed to answer because you had no actual knowledge that the papers were delivered, you could request that the judgment be set aside based on excusable neglect, but this is not always granted. The court rules for the forum where the suit was filed explain the ways you can be served. For example in SC Court of Common Pleas, you want to look at rule 4, SC Rules of Civil Procedure.
Answered on Apr 22nd, 2013 at 11:27 PM

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