uneducated15
Junior Member
What is the name of your state (only U.S. law)? california
hi, i was served with a subpoena to appear at a court trial hearing as a witness.
1. the process server (lawyer's paralegal) did not personally serve me. she served my neighbor and submitted a signed the affidavit stating she served me personally.
2. the lawyer mailed my parents a copy of the subpoena and also submitted a signed affidavit stating he served me personally in person at my parent's house.
3. i did not appear at the trial because i thought i didn't have to because i wasn't personally served because i was living out of state and not a resident in california.
4. the judge issued a bench warrant
5. i was then served a day after the initial trial date to appear at a trial hearing 3 days later (Monday)
6. when i appeared, the judge scolded me and asked why i did not appear and he issued a bench warrant. i then told the judge the service was improper as i live in chicago and there's no way he or his paralegal could have served me. the lawyer took out the signed affidavit and said i was personally served. i argued that that's fraudulent. i told the judge i can prove it because my employer uses an online website which has workday logs (clock in/clock out) and my supervisor can state i was at work (security cameras).
7. i was then told to testify and not leave. hours later...i testified. lawyer refused to pay me to appear
8. it's now 4 months later and the lawyer still refused to pay me to appear.
what do i do? can i sue the lawyer? i spent nearly a thousand dollars on a plane ticket i bought last minute to appear within 2 days! then there's hotel fees and car rental. i also lost $$ from not working.
hi, i was served with a subpoena to appear at a court trial hearing as a witness.
1. the process server (lawyer's paralegal) did not personally serve me. she served my neighbor and submitted a signed the affidavit stating she served me personally.
2. the lawyer mailed my parents a copy of the subpoena and also submitted a signed affidavit stating he served me personally in person at my parent's house.
3. i did not appear at the trial because i thought i didn't have to because i wasn't personally served because i was living out of state and not a resident in california.
4. the judge issued a bench warrant
5. i was then served a day after the initial trial date to appear at a trial hearing 3 days later (Monday)
6. when i appeared, the judge scolded me and asked why i did not appear and he issued a bench warrant. i then told the judge the service was improper as i live in chicago and there's no way he or his paralegal could have served me. the lawyer took out the signed affidavit and said i was personally served. i argued that that's fraudulent. i told the judge i can prove it because my employer uses an online website which has workday logs (clock in/clock out) and my supervisor can state i was at work (security cameras).
7. i was then told to testify and not leave. hours later...i testified. lawyer refused to pay me to appear
8. it's now 4 months later and the lawyer still refused to pay me to appear.
what do i do? can i sue the lawyer? i spent nearly a thousand dollars on a plane ticket i bought last minute to appear within 2 days! then there's hotel fees and car rental. i also lost $$ from not working.
