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subpoena question???

Discussion in 'The Lounge' started by BigDaddy300, Jan 28, 2008.

  1. BigDaddy300

    BigDaddy300 multi species angler

    I was involved in a car accident before Xmas with the other driver being found at fault by the police and the insurance company. I thought this was over and done with but when I checked the mail the other day I found an opened envelope inside with just my name on the front. Inside was a subpoena from the city that it happened in. Turns out that the city wants me to be at court as a witness against the other driver for some reason. First of all, I thought that a subpoena had to be hand delivered not just left in a mail box. Second question is regarding my lost wages for the day. I really can not afford to miss any more work than I already am. Is there something I can do to recover my lost wages? Anyone ever been through something like this before? Any insight or help would be great. Thanks!!!
     
  2. Hook N Book

    Hook N Book The Original Hot Rod Staff Member

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    The municipality will pay you for being in court as a witness. It usually does not amount to much though...$25 maybe. :rolleyes:
     

  3. DaleM

    DaleM Original OGF Staff Member

    The law clearly states a subpoena can be delivered by mail, by hand or even left with someone else in the house. What you need to do is contact your insurance company and advise them of this. I would also get a lawyer if you haven't already to collect what is due you for your lost time as well as aggravation for the accident. You are entitled to collect damages, as well as any other expense you in cure
     
  4. Several years ago, I recieved a subpoena to give a deposition on a work related issue. It was hand delivered to my door and I had to sign for it.
     
  5. Hetfieldinn

    Hetfieldinn Staff Member

  6. misfit

    misfit MOD SQUAD

    i agree with het on delivery.just went through it myself.also as he said,if it will benefit you,go.if not,do what you want.


    disclaimer.......................the above is not professional legal advise.just personal opinion based on my sometimes involuntary involvement in various legal matters;)
     
  7. DaleM

    DaleM Original OGF Staff Member

    Better read that entire post-- It clearly states:
    When you are properly served with a valid subpoena, whether in person, by an officer of the Court, or by regular or certified mail, you are required to comply with its instructions.
    That's a direct quote from the posted link Het just made.
    Note the regular or certified mail part. Not sure how it is in your county, but here in Franklin you are required to appear or you can be arrested for failure to appear. You best contact whom ever sent it before you ignore it.
     
  8. BigV

    BigV BigV

    Better RE-READ the original post… It clearly states “when I checked the mail the other day I found an opened envelope inside with just my name on the front. Inside was a subpoena from the city that it happened in”
     
  9. Eriesteamer

    Eriesteamer BORN TO RIDE THE WAVES

    Hey you say he was at fault. did you get a seattlement from insurance co.if so alls ok. but if not get ur azz there. if he beats the rap you maybe not get a red cent.as you not coming is proof he maybe not be guildie. if found at fault you got a leg to stand on. back to way they sent to you think it was just a notice to come.yet I take no chances.I too was hit 5 witness say he ran light and would you beleive his insurance co. tried sue me.but I and 2 others say same in court that he ran a red light. he was sighted and find for running a red light and his insurance com. made good my damages.why I got post in here for another Truck.my truck was totaled.
     
  10. Hetfieldinn

    Hetfieldinn Staff Member


    That's the way I took it. If a representative of the other person thinks that they can just drop it in your mailbox without it being post marked and delivered by a mailperson, they are actually breaking the law.

    Edit: I thought that subpoenas had to be hand delivered, or served by certified mail. I didn't know that they could be served by regular mail. I must have read over that in the link I provided, but the original post gave me the impression that it had not gone through regular mail service, just put in the mailbox.
     
  11. misfit

    misfit MOD SQUAD

    again,without getting into the legalies of "how" a subpeona is served,i'm no legal eagle,but many subpeonas do not require you to show.mostly civil matters.in others,you may be in contempt,but many times your appearnce is not neccesary.examples would be divorce,custody and other civil matters.in such "no show" cases,you are simply leaving judgement to the court by not appearing.so,as said before,if it's to your benefit or testimony in criminal proceedings,don't hesitate to show.
    all that said,i personally would contact the server as to the basis for the subpeona and seek "real" legal advise as to delivery process.
    the fact that fishermen like to talk,is no sign they actually know "what" they're talking about:D ;)
     
  12. Something is not quite right here ! ! !

    I can hardly believe that an out of town city would place an opened envelope in your mail box.

    I really doubt that any city would do such a thing ? ? ?
    I'm guessing that if you called the city, that they would say it was not them that issued the subpeona ? ?

    ...
     
  13. DaleM

    DaleM Original OGF Staff Member

    Reel, my guess is your right. I'd be inclined to think it was delivered for some insurance Co. CALL THE NUMBER on it and find out.
    As I said in Franklin Co. they can and do leave a subpoenas inside doors or under a door. And it's legal. Call your county courts to be safe. No matter what is posted here, the only one that can answer it for you is the issuing agent.
     
  14. As someone who deals with subpeonas fairly often (LEO) The easiest thing you can do is call the courts and and ask for the prosecutor that is handling the case. (Your subpeona should have the case number) Ask the prosecutor if they need you to appear or not. I avoid almost all court that is not necessary with a five minute phone call a day or two before I am scheduled to appear.
     
  15. I'll premise this response as I have some others I have made in the past as a means to cover my own rear. I'm giving the following information as a general reply to a public query, while I am in fact an attorney, the following information shall not be considered as forming an attorney-client relationship.

    With that being said, there are essentially three ways to serve someone in Ohio. 1. by certified and/or express mail - almost always this is done with a return receipt requested - i.e. you have to personally sign for it. 2. Personal service - this is accomplished when the requesting party submits a subpeona/summons to the clerk of courts requesting that the county sheriff serve the document and a sheriff comes to your house to serve it. 3. Residence Service - This is accomplished by submitting the subpoena/summons to the clerk of courts and requesting a special process server be appointed to deliver the document to your home, the process server picks up the court certified documents from the clerk and serves them at your residence.

    Many local municipalities use a baliff to accomplish residence service, it sounds as if thats what happened here and they simply left the subpoena in your mail which technically is ineffectual service - they must personally serve you. On the other hand you now have actual notice of the subpoena and no attorney would advise you not to attend the court proceeding when you actually have the subpoena in hand. Furthermore, this sounds as if you are receiveing the subpeona to testify in the criminal/traffic case pending against the person who struck you, it would be in your best interest to attend anyway because if the other individual is found not guilty, they could try to avoid civil liability for the accident.

    Long answer short, go to the hearing and go see a local attorney about the accident before hand, you might be able to collect some $$$ for your harship.

    FWF
     
  16. It is illegal to use a U.S. Postal Service mailbox for anything except U.S. Postal Service mail. But, like the lawyer said, if you are the only witness & don't show, he will probably be found not guilty & you'll get to fix your vehicle yourself & he'll go free.
     
  17. Some trainee deputy might have tried to serve you personally, and when no one was at home, made the mistake of putting it in the mailbox.

    Nothing else seems to make sense.

    Keep us posted. Can't wait to hear how this plays out.
    ...
     
  18. Eriesteamer

    Eriesteamer BORN TO RIDE THE WAVES

    It is a law that only a mail man can put any thing in a persons mail box. as well as any one taking out others mail with out permission and it has to have a stamp.even a free flyers a no no.hang it on in bag is all.back to the hand deleiry dought they did that.maybe some one forgot put stamp on it.was the a cancel water mark on up where stamp was to be.last your rite to get hold court by all means. they do not play games there.if it was to come you be sighted for contempt of court. or something as that.if you fail to appear.then you will be on other side the bars.not the tavern type boose bar. LOL Maybe
     
  19. Sounds bogus to me! Never had one that wasn't served personally or had to sign for certfied mail. Ignored ones that were just in the mailbox. Side on the side of caution and find out more about it. I'm not a lawyer but I did stay at a Holiday Express last night.:D
     
  20. fugarwi7

    fugarwi7 Lumberjack

    I agree...I was served a subpoena two weeks ago by the defendant's attorney, in person...the subpoena looked like a third grader prepared it, but it had a case number and the prosecutors name on it. Although lines were drawn though some typed text and handwritten edits written in their place, the court (and my attorney) confirmed the validity of the subpoena. The PA will confirm whether your presence is required. A simple phone call should clear matters up...that is if you can get through or they return your call?