what are the procedures for sending in a Notice of abatement of improper service. and what possible responses should i accept.

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what are the procedures for sending in a Notice of abatement of improper service. and what possible responses should i accept.

I sent a notice of abatement for improper service to the court clerk stating reasons as to why I will not appear unless defects in the service of process are corrected. I sent by certified mail and gave them 15 days to respond and to respond to my notary. I received a letter at my home address, not the notary, from the court clerk telling he received my abatement but if i wish to contest my speeding ticket i would need to come to court. Does this qualify as a response or can i send in a default notice and avoid going to court ? Or should i respond with a discovery interrogatories?

Asked on June 19, 2009 under Criminal Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your question, unfortunately, doesn't give any of the facts about why you believe there are defects in the service of this speeding ticket.  Quite aside from the fact that I'm not a Virginia attorney, and the law and procedure of traffic court varies from one state to the next, there's no way for me to figure out whether you have any sound reason for refusing to appear -- much less for serving interrogatories, which in most states you can't even do in a case like this.

If you really want to risk being arrested for failure to appear in court, I'd strongly suggest that you review all of the facts with a lawyer in your area.  One place to find counsel is our website:  http://attorneypages.com


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