Legal Question in Landlord & Tenant Law in Missouri

civil summons

If I know of a summons for a lawsuit, Do I have to accept the summons? What happens if I don't?


Asked on 2/16/09, 5:37 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: civil summons

If you are served (either by having the summons placed in your hands) or by having had the summons left with someone over the age of 15 at your residence, you have to respond within the time set in the summons. If you have questions, you should see an attorney right away.

If you simply know that someone is trying to serve you, you have no obligation to make that easy on them. However, eventually you'll get served. So, in my view, the smart thing to do (so you don't wind up paying for a special process server later on) is to accept the summons or call the sheriff and arrange to accept it.

But simply knowing there is a summons out there doesn't trigger any duty. You must be served. If you have any doubt as to whether you have been served, you can check Casenet and it will indicate whether you have been served or not based on their records.

Again, the best thing to do is talk this over with a lawyer.

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Answered on 2/16/09, 6:07 pm


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