Legal Question in Civil Litigation in Wisconsin
Someone called me and left me a message that I was going to be served with a subpoena. She stated only her name not the company she represented. She also said that it was manidated by federal and state law that she go over my rights before being served.
Is this valid or a some type of scam to get money?
1 Answer from Attorneys
Did she ask you for money? If she did (or if she does later), then it sounds like a scam. Process servers are paid by the people who send the subpoenas, not by the people who receive them. In fact, in many jurisdictions the person serving the subpoena has to *give* money (for mileage and/or witness fees) to the witness, at least if she asks for it. I don't know whether that's true where you are, and it might depend on the nature of the case.
We usually picture process servers arriving unannounced. That often happens. But many will call first and offer to set up an appointment, unless there is reason to think the recipient will try to evade service. After all, unannounced visits can be upsetting and embarrassing, especially if other people are around. They also often require more than one attempt, since the recipients are sometimes away when the process server arrives. It's often in everybody's interest to schedule a delivery time.