Subpoena

[Partiechck]

Hi. I'm in NY and I was served a subpoena and the man asked if I was "Laura." I said "Yes." He handed me the papers and the last name on the subpoena is completely wrong; Not even close to my name. I told the man this and he asked if I was sure. I said "Of course!" I offered to show my license and he said he was just going to leave the papers and have me call the court. My question is do I have to show on the court date even though that is technically not my name?

 

[tranquility]

Hi. I'm in NY and I was served a subpoena and the man asked if I was "Laura." I said "Yes." He handed me the papers and the last name on the subpoena is completely wrong; Not even close to my name. I told the man this and he asked if I was sure. I said "Of course!" I offered to show my license and he said he was just going to leave the papers and have me call the court. My question is do I have to show on the court date even though that is technically not my name?

"Technically" not your name? Who cares? Do the papers refer to you? If so, show up.

 

[Partiechck]

I understand that but can I be held in contempt for not going bc it is not me...

 

[Partiechck]

Yes it refers to me and yes I know I should go but from a legal point of view can I be held responsible still even if it's not my name and never was my name?!

 

[Proserpina]

Yes it refers to me and yes I know I should go but from a legal point of view can I be held responsible still even if it's not my name and never was my name?!

Let's stop beating around the bush. Are we talking about Jacque versus Jack? Fred versus Dorothy? What?

 

[Partiechck]

Fred verses Dorothy. My last name is Kirsh and the papers say Testani

 

[latigo]

Hi. I'm in NY and I was served a subpoena and the man asked if I was "Laura." I said "Yes." He handed me the papers and the last name on the subpoena is completely wrong; Not even close to my name. I told the man this and he asked if I was sure. I said "Of course!" I offered to show my license and he said he was just going to leave the papers and have me call the court. My question is do I have to show on the court date even though that is technically not my name?

"Call the court"? You don't call the court! That is ridiculous. Did he suggest which of the several division of the system you were to call? What an idiot!

What you do is to call the attorney (or the pro se litigant) that caused the subpoena to be issued, * who is also an idiot, and tell them that the attempted service is defective and you do not intend to honor it by changing your name to suit his sloppiness. But if you do, you will scuttle his lawsuit and send him off seeking honest employment.


[*] His or her name, address and telephone number should appear on the document. The number for the "court" will not appear.

 

[Partiechck]

I did call the law office that issued the subpoena rite away and told them that my name is wrong on the papers and it's even wrong on the witness check they wrote me so that can't be cashed and I said that I will not be attending Monday unless served with the correct name on the papers and all she said was ok. I just want to make sure that come Monday evening there is no warrant out for my arrest bc I am being held contempt of court.....

 

[Partiechck]

Also wasn't the man serving me suppose to ask if I was Laura Testani instead of just Laura? Bc if he asked that I would of said no. But yes my name is Laura so I said yes and when I took the papers I saw the name Laura Testani and said that that is not me! When I tried to give them back he said that I already took them and I said but this isn't me and offered my id and that's when he said well you'll have to call the court....

 

[I'mTheFather]

Also wasn't the man serving me suppose to ask if I was Laura Testani instead of just Laura? Bc if he asked that I would of said no. But yes my name is Laura so I said yes and when I took the papers I saw the name Laura Testani and said that that is not me! When I tried to give them back he said that I already took them and I said but this isn't me and offered my id and that's when he said well you'll have to call the court....

Geez, I hope you're using aliases in this post.

 

[Partiechck]

Of course!

 

[Silverplum]

Of course!

Poor real Laura T, whose name is now attached to your weird story.

 

[Partiechck]

It said to be specific in details but use fake names...no matter what name I came up with I'm sure there is somebody out there with that name...what a weird comment in the 1st place....guess there's nothing else better to do with your time on a Friday night. This is a site for advice so if you have none, bye Felicia!

 

[CdwJava]

Had you ever used the name on the subpoena? Was it a name you gave to an employer, a friend, the police, someone? I have known a great many women that use the name of their boyfriend as if they were married, and others that simply lie.

If the name was a provable alias of yours, then you may want to think carefully before disregarding the subpoena.

 

[I'mTheFather]

It said to be specific in details but use fake names...no matter what name I came up with I'm sure there is somebody out there with that name...what a weird comment in the 1st place....guess there's nothing else better to do with your time on a Friday night. This is a site for advice so if you have none, bye Felicia!

Most people will use Smith and Jones rather than Kirsch and Testani.

Bye, Laura!