Legal Question in Civil Litigation in Massachusetts
Civil summons sent by out-of-state attorney
Out of the blue, I've received a civil summons regarding an extremely frivolous and vindictive law suit filed against me by someone in a distant state, so frivolous that someone who is familiar with the situation believes it constitutes harassment. The summons arrived with a request for production that runs on for 20 pages. The summons was not sent through an attorney in my own state (Massachusetts), but came directly from an attorney in the other state. (This fellow is her fourth attorney; the previous three are currently suing her for nonpayment of their fees.)
I've been told that, since the summons did not come through a Massachusetts attorney, I do not need to answer any of the questions, that indeed I do not need to reply to the summons at all. Is this true? My first inclination was to send a categorical denial, but upon reflection, I realize that sending nothing would be preferable, since any reaction from me is only going to incite the rather unbalanced person who has instigated this ''suit.''
Thank you for your time in considering my question.
2 Answers from Attorneys
Re: Civil summons sent by out-of-state attorney
Your question is vague and without further facts, your question cannot be answered adequately. Example, what kind of civil suit? Is it involving an out-of-state matter? Is it a domestic relations matter?
In Massachusetts production of documents, interrogatories, etc. are served on the parties via first class mail not with a "summons" unless, discovery must be compelled because the parties are not cooperating.
Question: Where you served according to the State of Massachusetts' procedure by sheriff or constable? If you are served from out-of-state, and you live in the State of Massachusetts you have to be served according to Massachusetts procedure. If you weren't then the service of summons is not proper. Again, production of documents in Massachusetts are not served via summons.
If I have a chance later on today, I will send you the statute on same. But meanwhile, I suggest you send more details of exactly what kind of civil suit this is and more facts. My email address is [email protected] feel free to send me your additional facts there.
Sincerely, Maria Murber
Re: Civil summons sent by out-of-state attorney
I agree with the response provided by Attorney Murber. All of this her advice notwithstanding, the situation you've described (e.g., a 20 page request for production of documents) appears to be serious enough that you need to consult with an attorney, rather than rely solely on information obtained from a message board. Good luck.
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