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Got a late court summons—what now?

Started by darkeagle22 · · 👁 4 views · 1 reply

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Participants darkeagle22rapidnomad322
darkeagle22 darkeagle22 NewcomerOP
1 message
joined Apr 2015
#1 ·
Hey there,

So, here’s the deal. My wife was caught up in an armed robbery at her job back in November 2014.
She just got home from work today—she works those early shifts, like 5:45 AM to 3:30 PM—and found this blue envelope sitting in the mailbox. It’s a subpoena to appear in court as a witness for a hearing set for April 1st, 2015. 🤦
She tried calling the courthouse immediately, but obviously, nobody picks up after 3:00 PM. The funny thing is, the actual date on the notice says March 23rd, 2015.
Basically, the mailman just tossed the envelope in the box on April 2nd without even checking if anyone was actually home. There wasn't even a signature or anything to prove she received a certified letter.
Is it normal for these legal notices to just get dumped in a mailbox like that?
What kind of moves can she make here? She didn't miss the date on purpose; she literally had no way of knowing about it because they didn't give her enough heads-up.

Thanks in advance!
rapidnomad322 rapidnomad322 Member
15 messages
joined Nov 2014
#2 ·
From what I gather, those aren't even handled by regular USPS mail carriers, they're usually sent out via process servers—though I guess it really depends on which department you're dealing with, since my brother actually got his divorce hearing notice through standard snail mail once, so who knows, maybe it varies. If nobody’s home to sign for it and there isn't a neighbor or someone else around to grab it, then the whole thing just gets kicked back to the courthouse, and I suppose they might try to deliver it one more time, but that's about it.

Honestly, the smartest move would probably be to give your attorney a quick ring—unless she was summoned as a witness, because if that's the case, she probably doesn't have much wiggle room—and they can draft a formal document explaining exactly why your wife couldn't make it to the hearing. She could technically write it herself, too, I mean, she totally could, she just needs to be super careful with how she phrases everything, because even if the clerk stamps it as received, some judges out there are pretty old-school and really want everything to follow the book perfectly. Good luck! 🙂

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