5 FATAL MISTAKES PEOPLE MAKE WHEN THEY ARE SERVED WITH COURT DOCUMENTS.

There`s never a good day or time to be sued. Legal issues cannot be ignored or avoided. We each have to face our problems or deal with the consequences. No one willingly chooses to be a party to a lawsuit especially when they could have solved their dispute without going to court. However, sometimes court process may be the only way to get justice. Whether you are the party suing or being sued, the expectations are the same but more often it is the party being sued who suffers the most because they try to avoid facing issues head-on and make mistakes that cost them more. This post only covers 5 things people do when they are served with court documents, that is, they;

 1. REFUSE TO ACCEPT SERVICE OF LEGAL DOCUMENTS 

Whenever you are served with court documents be it Writ of summons, affidavits, applications or whatever document of a legal nature, to refuse to accept those documents is to lend yourself in deep trouble. A case does not go away simply because you refused to receive documents; it can only get worse from there. The same applies to those who receive phone calls from legal messengers and employ every delaying tactic possible to avoid meeting with them. The sooner you accept service the better prepared you will be. Please note that accepting service does not mean you admit guilt or fault, it is simply the responsible thing do. Failure to accept service forces the other party to serve you by publishing that document on a national newspaper! You do not want that.

2. IGNORE THE SUMMONS/OTHER COURT DOCUMENTS

As soon as you have been served, note that you are on a timer, at most you have 21 days within which to respond, utilize that time and consult an attorney. Each document is different, so be sure to confirm the number of days on each one so that you know how much time you have to respond. Ignoring a summons/court document means you sit on your right to defend yourself.  This can only mean the next time you hear from the court is when the Deputy Sheriff comes to attach your goods and by then it is usually too late.

3. RESPOND TOO LATE

When you get stood up on a date, you expect whoever stood you up to have a very good explanation for it. No one likes having their time wasted. It`s the same with court process. Do not wait until your court given time has run out before you try to respond if you could have done it sooner. To respond too late is to try and reverse the decision that has been made. In most cases you will have to pay money into court as security (assurance) that you are not just wasting the court`s time. Most people get stuck here, raising funds.

4. FAIL TO SHOW UP AT COURT

A party to a lawsuit should know and inform the opposing party of their upcoming day in court. If you fail to show up, you risk a judgment being passed against you. It is called a judgment in default of appearance. It does not matter whether it is a debt collection, divorce or any civil claim for damages, do not fail to show up, there is always something you can say for yourself.

5. TRY TO EXPLAIN TO THE OTHER PARTY`S ATTORNEY

Every attorney has an obligation to uphold the best interests of his/her client. You are not his/client. Consult a different attorney and have them assist you to respond appropriately. Trying to explain your version of the story to the opposite party` attorney is a complete waste of time, do not do it unless you are there to admit fault and to negotiate a settlement to avoid going to court unnecessarily. Share for awareness. Someone you know needs to understand this. Our next article will be on WHY PEOPLE LOSE CASES AGAINST THE GOVERNMENT.