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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I am a teacher and found a law suit summons(from HFC Beneficial)

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I am a teacher and found a law suit summons(from HFC Beneficial) in my school box(I am a teacher), basically for everyone to see. Apparently this was just handed to the school secretary open and paper clipped. Is this legal
Submitted: 8 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 years ago.
You can argue improper service of process, but it is unlikely the court will agree, since service can be made by domicilliary service at home or work. You need to defend yourself on the suit by answering the summons and use as one of your affirmative defenses improper service of process, but still answer the matter because failure to answer will result in a default judgment against you which are hard to vacate and will make it harder for you to negotiate a settlement.

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Customer: replied 8 years ago.
Isn't the summons supposed to be private(ie-in a sealed envelope) for my eyes only. I thought there was something about third party disclosure.
Expert:  Law Educator, Esq. replied 8 years ago.
No, the summons does not have to be private, in fact the law suit is a public record and can be viewed by anyone who goes to the court and asks the clerk of court to see it.
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