Quick Answer: What Happens If Summons Is Not Served In India?

What happens if a person does not appear when summoned?

While a summons is an invitation for a person to appear in court, it is not an order.

If the individual does not wish to go to court and simply does not appear or answer the complaint, the judge can decide the case without him or her there.

In many cases, this results in a default judgment against the defendant..

What happens when defendant Cannot be served?

Most lawsuits will be dismissed if the Defendant is not served, which is why Defendants try to evade service as a way of making a case go away. … Some Defendants try their best to take advantage of this law and will flee, hide, or simply become extremely difficult to find if they suspect someone is trying to sue them.

Would a summons server call you first?

That’s a long way to say yes, real process servers do sometimes call before they come attempt to serve you. One last thought: professional process servers call the people they’re trying to serve because it works. … And remember, ignoring the process server will not make the papers, lawsuit or legal repercussions go away.

Can summons be served by email in India?

New Delhi: The Supreme Court on Friday held that all summons and notices are allowed to be served through digital medium, including email, fax and instant messaging mobile applications. … So WhatsApp can be used (for summons).”

How do I find out if I am being served?

Several days before the summons Return Date, contact the Clerk’s Office, the Sheriff’s Office or other person authorized to serve process (licensed detective) to determine if your complaint and summons were delivered/served on the defendant(s).

Why do people get summons?

The most common reason to receive a summons is that someone is filing a complaint against your company. This could be a legal action or a debt. You will be served in person or through your company’s Registered Agent. (You should have a Registered Agent for this purpose.)

Do you have to identify yourself to a process server?

The process server does not need to identify himself to you. However, the process server’s identity will be disclosed in an affidavit of service, or maybe in live testimony if the service is challenged in court.

How many times does a process server try?

Generally, process servers make at least three attempts to serve somebody. These attempts are normally made at different times of day and on different days to maximize our chance of serving the papers.

What happens if you never get served?

If you have not been properly served, and you don’t show up, the court has no personal jurisdiction over you, and can’t enter a judgment against you. … Then, a judge in a high-volume courtroom may think you were properly served, and enter a default judgment against you if you don’t show up.

How do you serve a summons out of India?

Process of service of summons outside India: The authority or the judicial officer competent under the law of the State of origin, has to forward to the Central Authority of the concerned State, a request in the prescribed format15 along with the document to be served or a copy of the document to be served.

What happens if you get summoned to court and don’t go in India?

If you are given a summons in a civil lawsuit and you don’t reply or go to the court on the assigned day the other person points out to the court that you are not interested in the case. The jury will have to take a default judgement against you.

What if a process server can’t find you?

If the named party in the documents cannot be found, the court may allow service by publication in a newspaper. Before this can happen, you are often asked to prove to the court that a server made a reasonable attempt to actually serve the defendant or the person named.

How do you serve someone who is hiding?

Here are a few ways that you may be able to use to locate the other party and to ultimately have him or her served.Personal Service. … Send a Letter. … Search for a Phone Number or Address. … Use Social Media. … Pay for a Person Search. … Consider Contacting Others. … Search Property Records. … Use Another Address.More items…

Why would a process server be looking for me?

Why would a process server be looking for me? … So, if a process server is looking for you, then it means there is someone looking to sue you, either for divorce, child support, or any other legal matters. Regardless of where you are, the process server has the responsibility to find and serve you the court documents.