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Can a person be arrested if they didn't show up in court if they ddin't know about it

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fronty

Member
Were you ever delivered a copy of the complaint and the summons (service of process)? If no, then you can not be arrested. I'm assuming this is a tort case. The plantiff has to fulfill the service of process or the lawsuit can not proceed to the next step. They can't just say you know about the lawsuit, they mailed it to you, they talked to you and told you about the lawsuit, or they told your lawyer (unless you waived service of process). Have you ever watched a movie where a guy lies about who he is in order to get into a building and then says you've been served. The court has to know that you received a copy of the complaint and summons. I'm not recommending avoiding service, but you still are entitled to due process.
 
Its actually a summon for non payment of child support I think. My friend made some calls after he was told a officer came to his apartment and the child enforcement department said they were at the stage since he is unemployed. Is this considered a tort? If not is there a difference? Also what would be the best steps for him since at this point hes not even sure if hes actually has a summons for it? I told him that I would loan him a few hundred dollars so he could pay them for a month until he gets a job. But I dont want to do that if hes going to end up in jail either way.
 

fronty

Member
A tort is a private wrong against a person or his/her property. You should post your questions under family law forums/ child support.


lightingbird said:
Its actually a summon for non payment of child support I think. My friend made some calls after he was told a officer came to his apartment and the child enforcement department said they were at the stage since he is unemployed. Is this considered a tort? If not is there a difference? Also what would be the best steps for him since at this point hes not even sure if hes actually has a summons for it? I told him that I would loan him a few hundred dollars so he could pay them for a month until he gets a job. But I dont want to do that if hes going to end up in jail either way.
 

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