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I was told by my son's father that I was mailed court papers…

Customer Question
I was told by...

I was told by my son's father that I was mailed court papers through regular mail (not certified) that he was taking me to court for a name change. He told me his lawyer sent the papers out and we have a hearing coming up. Do I have to go or can I wait to recieve the papers? Also, does it need to be certified?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Illinois

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I'm in the process of trying to get legal aide

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 2 months ago.Category: Family Law
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Answered in 3 minutes by:
12/14/2017
Family Lawyer: Barrister, Lawyer replied 2 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 40,093
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

If you have not actually been served with a summons to come to court by a sheriff or process server ,then you are under no legal duty to appear on any court date because you don't have official legal notice that a case has been filed.

.

735 ILCS 5/2-203. Service on individuals.

  • Except as otherwise expressly provided, service of summons upon an individual defendant shall be made
    1. by leaving a copy of the summons with the defendant personally,
    2. by leaving a copy at the defendant’s usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode, or
    3. as provided in Section 1-2-9.2 of the Illinois Municipal Code with respect to violation of an ordinance governing parking or standing of vehicles in cities with a population over 500,000. The certificate of the officer or affidavit of the person that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so.

So until you get formal legal notice, you don't have to appear.

.

.

thanks

Barrister

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Customer reply replied 2 months ago
I can wait until someone personally hands me or another person residing with me papers, I don't have to appear in court? Even though he told me that I missed the first court date and the judge ordered a hearing?
Family Lawyer: Barrister, Lawyer replied 2 months ago

Correct, that is proper legal service. Until you have been legally served, you don't have to go to court... a verbal notice from your ex means nothing legally.

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Family Lawyer: Barrister, Lawyer replied 2 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Barrister
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Category: Family Law
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Experience: Attorney with 17 years experience

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