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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2176
Experience:  10 years practicing IP law and general litigation
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A summons was mailed to my boyfriends address, where I stay

Customer Question

A summons was mailed to my boyfriend's address, where I stay from time to time with my first name, but his last name, which is not my last name. Can I reject the summons?
Submitted: 1 year ago.
Category: Legal
Expert:  Timothy D. Smith replied 1 year ago.
I hope this message finds you well. The answer to your question is, yes, you may ignore the summons as it is improper on its face. An improper summons is an invalid summons. That said, you need to keep an eye out for other measures to get service of process on you in a correct manner. That said, as to your immediate question, you do not have to honor a summons that is not correct as to your name. That is a critical defect since you have never held that name.

Let me know if you have any other questions or comments.

Best wishes going forward!
Customer: replied 1 year ago.


Thank you very much!

Expert:  Timothy D. Smith replied 1 year ago.
My pleasure. Best wishes going forward!
Expert:  Timothy D. Smith replied 1 year ago.
I would greatly appreciate you rating my service. Thanks!
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2176
Experience: 10 years practicing IP law and general litigation
Timothy D. Smith and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I thought I could ask a follow up question? If not, ok. I will rate your service, but thought follow up questions were allowed

Expert:  Timothy D. Smith replied 1 year ago.
You can absolutely ask a follow up question. I welcome it. I want you to be completely satisfied moving forward and appreciate your acceptance of my answers to date. Let me know what other questions you may have.
Customer: replied 1 year ago.

I had a question regarding a victim witness being able to execute 5th amendment rights. I do feel that testifying under oath may incriminate myself and put me at risk of charges being brought up against me. This case is indirectly related to a separate case that is pending. Can you plead the 5th when your concern is how it will affect the outcome of another case? Thank you very much

Expert:  Timothy D. Smith replied 1 year ago.
Yes, you can plead the 5th to avoid self-incrimination in a corresponding case. You cannot be compelled to be a witness against your own self-interests regarding your testimony.

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Timothy D. Smith
Timothy D. Smith
1161 Satisfied Customers
10 years practicing IP law and general litigation