Ignoring a Summons

You know you are being sued if you have received a summons and a complaint. A summons is a legal document that states that you must go to court. It will specify where and when. A complaint is the “why.” In several paragraphs, over a few pages, it will explain the nature of the lawsuit against you.

Of course, being sued can be incredibly stressful, and you may not want to deal with the anxiety that comes with the suit. That said, it can be tempting to ignore the papers once they are served on you. You may even feel it is best to throw them away, however, that is not how the civil law system works.

Once you are served, the Louisiana process server completes an affidavit that confirms that you received your summons, which is your only notice of the lawsuit before it goes before court. The record shows that you are aware of the matter, and therefore responsible to make an appearance.

Ignoring the papers and not appearing in court could result in a default judgment against you. If this is a monetary matter, you could be forced to pay the plaintiff and court fees through wage garnishments, bank levies, and even through a lien on your property. Even if you cannot be located after the judgment is made, it can affect you years later, and it can also affect your credit rating immediately. Even worse, if the suit is a foreclosure, you could lose your home. A summons or a subpoena should never be taken lightly.

Scott Frank of Baton Rouge Process Servers will ensure proper service on any defendant in accordance with the law. Whether the defendant ignores the summons or not, Scott will make sure he or she is properly served, and therefore responsible to answer to the court.

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