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  1. #1
    Join Date
    Aug 2017
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    15

    Subpoenas and small claims court

    Indiana

    An individual I know is being sued in small claims court. He continues to not appear and no consequences have come from it. A subpoena was issued for a bench warrant if he failed to appear again, he did. However, the address they have is an old address.

    I know the correct address. Am I in violation by anonymously notifying the court of the correct address or can I be held responsible for defamation/harassment for doing so?

    Also, would this incorrect address be a reason the subpoenas did not hold up or was not delivered?


  2. #2
    Join Date
    May 2017
    Posts
    1,205
    You are under no legal threat for notifying the court or anyone else of a correct address.

    And of course not knowing the correct address means the person may never have received them and hence not received service.


  3. #3
    Join Date
    Apr 2009
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    5,580
    Quote Originally Posted by jonben123 View Post
    Indiana

    An individual I know is being sued in small claims court. He continues to not appear and no consequences have come from it (?). A subpoena was issued for a bench warrant (?) if he failed to appear again, he did. However, the address they have is an old address.

    I know the correct address. Am I in violation by anonymously notifying the court of the correct address or can I be held responsible for defamation/harassment for doing so?

    Also, would this incorrect address be a reason the subpoenas did not hold up or was not delivered?
    Are you so naÔve as to believe that the issuance of a bench warrant directing the apprehension and arrest of Mr. X, incarcerating him until the court convenes and then escorting him to the courtroom in leg chains IS OF NO CONSEQUENCE?!

    And where did you get the wacky notion that "a subpoena is issued for a bench warrant"?

    If you have enough spare time to occupy it by sticking your nose into other peoples affairs, making inane statements on subject matter of which you are totally ignorant and asking stupid questions, concerning their private affairs, take up knitting or finger painting.


  4. #4
    Join Date
    May 2017
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    I also find it unusual that the court even bothers with a bench warrant. When a defendant in a small claims case doesn't show up there is usually just a default judgment in favor of the plaintiff.


  5. #5
    Join Date
    Jan 2005
    Location
    California
    Posts
    71,315
    Quote Originally Posted by PayrollHRGuy View Post
    I also find it unusual that the court even bothers with a bench warrant. When a defendant in a small claims case doesn't show up there is usually just a default judgment in favor of the plaintiff.
    Sounds to me like a debtor's exam - but the original post sure left a lot to be desired.


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