If I have not been served a summons for a court date for next week, will a judgement be issued if I do not show up?

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If I have not been served a summons for a court date for next week, will a judgement be issued if I do not show up?

I found out through solicitation letters from attorneys for bankruptcy that I am being sued by a collection agency for an old credit card debt from 4 years ago that was in dispute and written off. I have not received a summons, only a calling card from the Sheriff’s office left on my door without my name on it asking someone to call (no one did). So I have never been properly served. Do I need to show up to the court date to tell the court this? If I don’t get an attorney and show up, will they enter a judgement and start garnishing wages for an amount more than double?

Asked on October 31, 2011 under Bankruptcy Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have not been personally served with the summons and complaint concerning the lawsuit that you are writing about or have been sub-served with the documentation, proper service under the Due Process Clause of your State's and the Federal Constitution has not been made.

Most likely the court will continue the hearing date due to no service of the summons and complaint. However, to be on the safe side, I would show up at court to monitor the proceeding to prevent any default being entered against you.

Good luck.

 


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