Legal Question in Credit and Debt Law in Utah
Serving of a summon
My neighbor was served with summons that was for me. The neighbor was nice enough to giv it to me day later. What can I do in a situation like this? Is the service date still the date my neightbor got it? Where my privacy rights violated?
1 Answer from Attorneys
Re: Serving of a summon
Service on your neighbor is not legally sufficient and you can legally ignore the summons. The problem that will result is an improper default judgment will probably be granted. You will have to go to court to get the default set aside, where you could be served with a proper summons. Then you would have to respond. You could hire an attorney to protest the improper summons, but that would also only postpone the inevitable.
The correct service date is the date you obtained it. But since it is only a day's difference it may not be material. If you need more time to respond, call the attorney for the plaintiff.
Your privacy rights were not violated, since lawsuits are public records. However, if this is a collection case you might be able to claim a violation of the Fair Debt Collection Practices Act.
In any event, answer the lawsuit and devote your time to defending the issues and yourself. The legal issues you present are less important that the actual lawsuit.
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