Do i have to open the door to be served a subpoena?

shorty937222000

Here is the thing, anyone out there can be a court server, so if it looks like a regular person, like a young woman or something beware she may be there to serve you the papers. Police still do it sometimes but they have other methods now. You can be served where ever you are doesnt matter. I understand you dont want to testify against your husband but be careful because if they do serve you and you dont testify that can mean serious trouble including jail time.

Edit: Oh I forgot about the spouse privlage thing, so yea take the papers and then just refuse,

neanderthal

there is no getting around being served you might as well take it and get it over with. they will follow you to the store or catch you outside soon enough you are just postponing what's going to happen for sure, and making things worse for yourself

farien3

Accept the subpoena. Stop this ridiculous dodge. NO ONE can force you to testify against your spouse. Take the friggin' subpoena and simply refuse to testify. They will have wasted only their own time and money trying to get you to.

Chris

There is no time limit that they have to stop serving papers, and they can serve you anywhere you are. If you refuse to open the door, they will just get you going to work or the store!

deathbymonkeys69

They can serve you anywhere. Even at work. If you continue to avoid them, it won;t make them go away. They can get a court injucture and make you go to court. You, are in essence, withholding information they need on purpose. Hope you like your home better than your 6x8 jail cell.

Annie

Take the supoena. Depending on what you are being called for, a wife can not be forced to testify against her spouse. It can often depend on what the charges are, criminal or civil court, etc. Take the supoena and then talk to a lawyer..you won't be able to refuse it forever.

kaadish

it doesn't matter if you take th subpoena or not. they can't legally make you testify against your husband.

Whipper Snapper!

They can serve you anywhere they see you as long as they can positively identify you as the recipient of the subpoena.

wizjp

Sooner or later, they issue a warrant. Just take the thing,

b0rnbad

According to the law, you don't have to testify against your Husband... it's called "Spousal priviledge". (Just like Doctor/Patient or Lawyer/client priviledge)
And yes, they have to give you the papers in person.

Bingo

They can serve you any where they find you.
Hiding and being scared all the time is no way to live,
Just take the subpoena they can't force you to testify against your husband in most cases, they will put you on as a hostile witness list and might not even call on you to testify.
Talk to a lawyer.

They can serve you anywhere you are found. I don't know about how late in the evening.

Hillary

Stop trying to duck it, it won't help you.

If you won't testify against your husband, which is your right, you can go to the trial and say so. They'll put on the record that you are exercising your spousal privilege ... and they can't make you give up the information.

And yes, they can serve you anywhere that they see you, so refusing to open the door and refusing to sign won't help, either.

Avoiding the process server isn't going to help you; you'll just make yourself crazy and then end up getting served anyway, then if you don't appear you'll be arrested.

gramof6

Go ahead and open the door, they won't bite, besides it will be a load off your back,no use living that way.They can not force you to testify against toyr husband. Get a good nights rest. Life will be easier.

schatterd

Your post is interesting. First, you need to personally served with the subpoena. That means they have to put it in your hands..but, watch out...and this is where it's tricky, since I don't know what jurisdiction you're in or what type of case, criminal or family -- like domestic violence, they could petition the court, based on how many times they have tried to serve you, and have the court declare you as unwilling, they can then get a court order to serve you with notice by posting that notice in the newspaper, if it's, lets say, a criminal proceeding, then the court could actually have the sheriff's come and get you. I believe that once you've accepted service of the supboena, like you said you had, even though they postponed or moved the hearing date, you are still technically under the jurisdiction of the court..so, like most others have said, I would accept the subpoena, appear at the hearing at the appropriate date and time, and then, answer -I don't recall or I don't know to all of their questions. Also, their is privilege against testifying against your spouse, now if it's a domestic violence case, like he has abused you physically etc, then you have no priviledge. Some more info on the type of case would have been helpful in answering. But, I hope this helps you in some way. Good luck.

misledpunkieduckie

They can serve you anyplace as long as its in person. One on one.

Matt M

They can serve you anytime you are out in public anywhere in the United States, work, church, school anywhere. The only way that anyone has ever avoided a summons is by leaving the country. But, then if you ever return you will be served at your port of entry when you return.

I am not a lawyer but I think that:
If the judge determines and proves that you are purposely avoiding the summons I think they can hold you in contempt of court and issue a bench warrant for your arrest. It would probably be better and easier for you to go to court, get on the stand and just say you don't recall something or try to communicate directly with the prosecution explaining that you won't testify or whatever is going on.

raichasays

They can serve you anywhere they find you. If you come to the door, they can drop it on the doorstep at your feet. You will be served.

Why not just face this head on and get it over with? What's worth this stress? If this is a domestic violence charge and you were the victim, please contact a counselor to help you get through this trial.

If you are not the victim in this case, then it is possible that you may not be legally required to testify against your husband because of the "marital privilege".

Either way, contact a lawyer or domestic violence counselor and get the help you need.

Borat Obama

You don't have to open the door. You could run away if you wanted to. Once they hand it to you, you got served.

Gracenow

I was a manager and there was a homocide 2 yrs ago now they want me to witness. They came to my door to serve me a supeona but I never told them my name so they left it on my screen door my niece grabbed it & threw it in the trash and told him I am a witness she never got served. What should I do? I do not want to be a part of this it is a strain just to remember. need help

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