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Imagine a stranger walking up to ring your doorbell or coming to your office with legal filings that he or she must get to you directly, and in person. If this ever happens to you, it probably means you are getting served legal process. It's normal to feel somewhat intimidated and as if you're being hunted, but the truth is that you have a civil right to these documents as part of the due process guarantee. Whether these documents are in relation to civil or criminal matters or issues large or small, you need to not dismiss them.
The legal filings can be in what is known as "legalese," the jargon used by legal professionals intended to clarify legal issues. They aren't designed to be easy for the uninitiated to read, but should be in simple enough language for you to understand somewhat. We would like to talk about the different legal filings you could be handed, but you should always consider consulting with an attorney for any serious case.
Hopefully, your experience is not a surprise and starts with a visit from a courteous constable like those at divorce attorney Spanish Fork UT. These servers are often hired by the legal aggressors such as plaintiffs or prosecutors, and they owe their clients timely service completed legally and professionally. They owe you what you are due by law: the same on-time process service, freedom from threats and intimidation and proper legal procedure.
Let's do a rundown of the broad types of legal filings you might receive from a constable:
Summons: Whether in criminal court or the halls of civil justice, a summons is an order for you to show up in a court. These should always state a date and time on which to appear. If you don't appear, you can either be charged with contempt of court or can lose the civil case as a "non-responsive party".
Subpoenas: These aren't complaints or pleadings, like other process serving documents, and generally have to be sent by a court clerk. They are a type of summons, but they mean you have to appear as a witness, require you to present documentary evidence such as tangible items, records, books or papers or tell you to attend a deposition with an attorney. These are often served between attorneys rather than to you personally, but ignoring them can mean contempt charges or a forfeiture of your claims and a ruling against you.
Small Claims Summons: Process serving documents related to small personal debts generally come from small claims court, and they can be classified as complaints in most cases. These generally require you to make the debt right or to appear before the court. If you don't show up, you will almost certainly have a credit judgment against you.
Petitions: This kind legal document begins a lawsuit, but asks for non-monetary or equitable relief such as a Writ of Mandamus (an order to do or cease doing something) or Habeus Corpus (a request for person under arrest to be brought before a judge to learn of the charges against them). These can also be given in cases such as those regarding child custody and probate.
Indictments: These criminal filings are served after a grand jury , which meets without a judge, gathers to weigh evidence in a felony case against you. A grand jury, like a regular jury, is made up of fellow citizens but the proceedings are kept confidential, even from the defendant. This special jury determines whether the prosecutor has enough evidence to charge you with a felony. Without one of these decisions, the most serious felonies and federal crimes cannot be argued before a judge. These documents will be handed to you or your attorney.
Complaints: A complaint is a kind of legal document, usually civil, and is the first kind of legal document filed in a lawsuit. If you are handed a complaint, it means you are the defendant in a lawsuit. Criminal complaints are more severe than tickets or citations but often less sever than indictments.
Civil Summons: This legal call to court comes with an exact time and date when you should appear. It is different from a simple document informing you of the lawsuit. These can be given by a constable in many civil cases, including divorce and child custody matters.
Citation: These are a particular type of summons handed out, generally, by law enforcement, so aren't really in the category of process serving. Common citations, including tickets for drinking, smoking or trespassing in specific places, generally require that you go before a judge by a specified date. Accepting one of these is not any further responsibility or admission but, rather, a pledge that you will show up. If you don't show up, it can mean automatic findings of guilt and growing fines and court fees.
Administrative Summons: These are sent by the Internal Revenue Service and are for the purpose of ensuring that everyone follows the tax laws. These documents require the person being served appear before a federal tax examiner and produce verifying documents. This is usually the ultimate step in an IRS investigation after agents have attempted the past-due tax bill in other ways.
The U.S. Constitution, like the founding documents of many other governments around the world, protect citizens by ensuring due process in legal matters. That means everyone is entitled to a chance to argue their case in a fair, equitable forum. Professional process service is a very important part of this civil guarantee and, when completed properly, can make the ordeal work better.
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