Legal Question in Credit and Debt Law in Washington
Superior Summons
We came home to find a 7 page summons from a legal firm regarding the start of a law suit against us. No envelope, no letter, just rolled up in the door. Today is October 8th and the date on the paperwork is July 10th. Is this legal and what should we do? We are hesitant to call the law firm on the paperwork.
1 Answer from Attorneys
Re: Superior Summons
You need to call your own lawyer. You need to carefully decide what you want to do.
The process server will file an affidavit of personal service. Leaving papers on the porch is not sufficient, but the process server will say that he handed them to somebody. Jurisdiction is gained when the process server files his affidavit.
If you do not respond the plaintiff will take a default against you.
yes, you are between a rock and a hard place. Get counsel. Many attorneys will talk with you without charging you a consultation fee.
If that isn't helpful, then contact Volunteer Legal Services throught he Pierce County Bar Association.
The issue about timeliness only really matters if a statute of limitations is at issue. In other words, if you were in a car accident July 10, 2004 and they filed suit but didn't get you served within 90 days then that would make sense. Please, please go talk to a lawyer with all the papers you were served with.
Elizabeth Powell
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