Courts, Legal Basics

questions & answers

Question: If I am Never officialy served paperwork for a lawsuit against me, can the court still hold a hearing?

Answer:

Generally, it is required that a party receives notice of a lawsuit before that lawsuit is allowed to proceed against them. Whether the court would consider you properly served depends on the type of service the other party used. There are many ways to be served with notice of a lawsuit. In person service is only one method of service. If a party has diligently attempted to serve another party with personal service, but such attempts have failed, the court may allow service by publication. In such a case, the party is considered “served” once notice of the lawsuit is published for the required amount of time. You may want to check with your local superior court to find out the rules of service of process and learn more about whether you were properly served. You may also want to consult with an attorney to find out how the court rules apply to your specific situation.