Ignoring a Summons

Understanding the Summons and Complaint

You know you are being sued when you receive a summons and a complaint. A summons is a legal document stating that you must go to court. It specifies where and when. A complaint explains the reason for the lawsuit against you in several paragraphs over a few pages.

The Danger of Ignoring Legal Papers

Being sued can be incredibly stressful, and you may not want to deal with the anxiety it brings. However, it’s tempting to ignore the papers once the process server has served you. You might even feel it’s best to throw them away. But that’s not how the civil law system works.

Once the process server has served you, they complete an affidavit. This affidavit confirms that you received the summons and serves as your only official notice of the lawsuit before it goes to court. The record shows that you are aware of the matter and are therefore responsible for making an appearance.

Ignoring the papers and failing to appear in court could result in a default judgment against you. If it’s a monetary matter, the court could force you to pay the plaintiff and court fees. This could involve wage garnishments, bank levies, and even a lien on your property. Even if you cannot be located after the judgment, it can affect you years later and immediately impact your credit rating. Worse, if the suit is a foreclosure, you could lose your home. You should never take a summons or subpoena lightly.

Ensuring Proper Service

Scott Frank of Baton Rouge Process Servers ensures proper service on any defendant according to the law. Whether the defendant ignores the summons or not, Scott ensures proper service, making the defendant responsible for answering to the court.