What to Do If You Receive a Summons or a Subpoena
A sheriff comes to your business or home with a summons or you receive a subpoena by registered letter. It's always scary when something like that happens. So what do you do?
First, we'll look at the differences between a summons and a subpoena and then what to do if you receive one.
What is a Summons?
A summons is an order by a court requiring someone to appear in court. In civil lawsuits, a summons is issued to one of the parties in the lawsuit, usually the person against whom a complaint has been filed.
Most often, a summons is given to a defendant, requiring his or her presence to defend a case. For example, if someone sues you in small claims court, the court sends out a summons requiring you to attend the hearing at a specific place and time.
What is a Subpoena?
A subpoena is similar to a summons, but it usually requires that you do something or provide some information for a court case. In a subpoena, you may or may not be directly involved in the case as a defendant or plaintiff. The most common example of when you might receive a subpoena is if you are a witness in a court case. Sometimes the document is called a "summons and complaint."
What's included in a Summons?
A summons is an official court document. It includes:
- The name of the type of court issuing the summons
- The number assigned to the case by the court
- The names of the plaintiff (person filing suit) and defendant
- What the case is about
- Information for the defendant on when the summons must be responded to
- How the person who receives the summons must respond.
The party receiving the summons must sign to show that the summons has been received. For this reason, almost every summons is delivered in person, by an officer of the court which is hearing the case.
If You Receive a Summons or a Subpoena
A summons or subpoena is an official court document. In fact, the term "subpoena" comes from the Latin for "under penalty." You must respond to a summons or a subpoena as required and by the deadline required.
Not responding to a summons means that you may lose the case by default. For example, if you don't respond to a summons to small claims court as the defendant, the plaintiff wins the case.
If you receive a summons, you will have a specific amount of time to reply to the summons. If you don’t reply, the other party may be given a default judgment, meaning that you have given up the right to contest the issue.
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.)
In some cases, both company officers and the company itself may be served with a summons. If your business is a sole proprietorship, you will be served with a summons personally.
If you receive a subpoena, you must submit the required information or appear when required.
In most cases, you will have to give a deposition.
If you don't respond to a subpoena, you can be cited for contempt of court for your failure to appear.
If you need to reply to a summons or subpoena, include all the information about the case, so you can be sure your reply is filed correctly.
In either case, if you cannot do what's required or you cannot show up when required, you may be able to ask the court for a change, which may or may not be granted, depending on the circumstances.
Do I need an attorney to help with a summons or subpoena?
It depends upon the circumstances. If the summons is to small claims court, or if it's a very simple issue, you might not need an attorney. It's always a good idea to get help from an attorney if you have questions or need help dealing with the issue.