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subpoena mailed to the wrong address

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1 subpoena mailed to the wrong address on 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!!

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

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.

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3 Re: subpoena mailed to the wrong address on 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?

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

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

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5 Re: subpoena mailed to the wrong address on 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

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

mdventura


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

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7 Re: subpoena mailed to the wrong address on 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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