refuse to accept / sign for small claims supeona?

[tiptoetulip]

What is the name of your state? Oregon (I reside in Washington, but I filed the small claim in Oregon as the defendant resides there)

I filed a small claim against a former friend for money owed to me. His wife is planning to supeona my husband. My husband was not involved in the loan, does not want to be involved now, and will miss work unpaid if he has to go to the hearing. The wife is doing this just to make things difficult for us. The supeona has not been delivered yet. Should he refuse the supoena / refuse to sign for it? What are the ramifications of him doing so? Should he just sign for it / accept it and then write a letter to the court stating his position on it? Thanks in advance for the advice!

 

[Cushie]

If she tries to serve your husband via certified return receipt mail and he doesn't sign, then she'll just have a process server show up at your doorstep. Then you'll have no choice as they just ask your name and hand you papers. Then you're served. It'll cost her more money to do that. He might write a letter to the court explaining he has no role in this loan and that the defendant is just harassing him by serving him. I don't think it will work.

 

[tiptoetulip]

Thanks, cushie, for the response. Thus far he hasn't been served. What if he just doesn't answer the door (pretends not to be home)? Will the hearing go on without him if he never gets served?

Also, if he is served, could he possibly get out of it because of not getting paid for work missed if he attends?

 

[stephenk]

so your husband is going to hide from the world until the hearing is held? She can also serve him at work, church, the store, etc.

He will be entitled to witness fees and mileage.

 

[tiptoetulip]

"so your husband is going to hide from the world until the hearing is held?" - StephenK

Yes, I know it sounds strange, but my husband really does not want to go. He has a difficult time being in large crowds of people. His father is diagnosed with paranoid schizophrenia, and while he does not have it, he has some of his father's character traits. Whether this was passed on in the genes, or learned as a result of being raised with a schizophrenic, I don't know. He may have to go, we realize. Would the witness fees really compensate for missed work though? Me thinks not.

 

[stephenk]

no it will not compensate for missed work.