If I received a “Notice of Trial” letter from the court whichlists me as a defendant but I have not been served summons or complaint, what should I do?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I received a “Notice of Trial” letter from the court whichlists me as a defendant but I have not been served summons or complaint, what should I do?

I live in GA. I am listed as 1 of 3 defendants in a case involving a former business partner. The former partner is suing in small claims court for recovery of unpaid expenses he claims to have incurred for a property that we considered purchasing. The property was not purchased. It appears that the other 2 defendants were also not served with a summons or complaint.

Asked on April 18, 2011 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You could move to dismiss the matter, on the grounds that you have never received a summons or complaint. If you want to do this on your own (no lawyer), you should be download a copy of the court rules and make a motion. Alternatively, you could show up for trial and make a motion in court for dismissal on the above grounds. Generally, it's a better idea to move in advance; however, unless the case against you is absolutely dismissed prior to the trial date, make sure you show up at court (not showing up is the quickest way to lose). Bring all relevant documentation to court.

Ideally, you should retain an lawyer to represent you; if you don't think it's worthwhile, you may wish to consider whether you should either pay the requested amount or else try to settle for something mutually agreeable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption