Legal Question in Credit and Debt Law in Kansas
can a summons be left wedged in the door for credit debt? and dated 8 days prior to receiving it?
1 Answer from Attorneys
Summons are dated the day the clerk issues it to the deputy or special process server, so the 8 day lag in time sounds typical. The deputy or process server got the summons (and Peition) and then put it on the door eight days later. It is referred to as "service by posting," and happens a lot. As long as there is at least five days between the day the Summons (and Petition) was posted and the day of the hearing, or date to file an Answer or other response, then time is not a problem with the posting you described.
Posting can be effective servcie in some cases for some puposes. Generally, if there is to be money damage, then actual Service (handing the Summons to the person) should occur. Soem courts have let plaintiff's get a defualt judgmetn for money damges where there has been just posting. Defendants can get such judgments set aside, but it takes significant money to do that in many cases. If it was deputy that put the Summons (and PEtition) there, they usually also mail a copy to the same address.
If the releif sought is merely In Rem (for property other thatn money) then servcie by posting is acceptable in most cases. This is common in landlord tenant situations, wher ethe landlord is seeking to get possession of the premises. Most courts allow plaintiffs to get a default judgment for possesion only where the defendant was only put on notice by a posting of the Summons (and Petition) to the door of the premises.
If you did nto get a copy of the Petition posted also, you may be able to fight personal jurisdiction in the case. i do tno knwo what kind of case you are facing, so I do not know what type of service is required. However, do not ignore this or any other notice to appear or respond without first consulttng direclty with legal counsel that can see what was posted on your door, and ask you questions about the facts of the case.
Good luck