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subpoena mailed to the wrong address

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1subpoena mailed to the wrong address Empty subpoena mailed to the wrong address Sat Jul 07, 2012 6:09 pm

pinktoanails


Arresto Menor

hello,
what do we do if a subpoena was sent to a wrong address?? what happens with the subpoena?

thanks!!

2subpoena mailed to the wrong address Empty Re: subpoena mailed to the wrong address Sat Jul 07, 2012 7:13 pm

mdventura

mdventura
Reclusion Temporal

Generally, a subpoena must be personally served to be enforceable or some personal acknowledgement that it has been received. Due to the sheer number of cases, it is too expensive and time consuming to personally serve every potential witness in every case. This why they mail subpoenas and hope people respond. Cases that are important or likely to be tried, subpoenas will be personally served.

If the subpoena was simply mailed to your address over 2 years ago, it is likely that nothing will happen to you now. If the subpoena had been personally served upon you (rather than simply being mailed), then that would tell me that whoever was doing the subpoena-ing cared a whole lot more about you showing up to court to testify.

Commonly, subpoenas may be mailed out to "friendly" witnesses who will appear in court without much prodding. If there are "hostile" witnesses that one wishes to compel a court appearance out of, then one would arrange for personal service. If someone who was personally served with a subpoena does not respond, the court can potentially order law enforcement to bring in such a person.

Hope this answers your question.

3subpoena mailed to the wrong address Empty Re: subpoena mailed to the wrong address Sat Jul 07, 2012 7:28 pm

pinktoanails


Arresto Menor

thank you very much Smile)

but in our case, the subpoena was personally delivered but the server went to the wrong address? what should we do?

4subpoena mailed to the wrong address Empty Re: subpoena mailed to the wrong address Sat Jul 07, 2012 7:36 pm

mdventura

mdventura
Reclusion Temporal

If the case is filed in Philippines and you are in Australia just don't step in Philippines. Not worth a visit if you are going to be in danger. Come to Thailand instead! Very Happy

5subpoena mailed to the wrong address Empty Re: subpoena mailed to the wrong address Sat Jul 07, 2012 7:41 pm

pinktoanails


Arresto Menor

lol! Laughing i worry about my bf though.. he's in the Phils. now..tsk tsk. Crying or Very sad

6subpoena mailed to the wrong address Empty Re: subpoena mailed to the wrong address Sat Jul 07, 2012 9:38 pm

mdventura

mdventura
Reclusion Temporal

You worry too much just say the affair is over then get him off there! Very Happy

7subpoena mailed to the wrong address Empty Re: subpoena mailed to the wrong address Tue Jul 10, 2012 4:54 am

attyLLL


moderator

since you know about the case, get a copy of the complaint and prepare a counter affidavit

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