Don't Be An Ostrich

I was away for 2 weeks and didn't read or watch the news.  When I returned, I felt like I'd stuck my head in the sand and the world had changed on me.

It made me think of those people who ignore mail and court documents and then wonder how things happen without them knowing about it.

I recently spoke with a person that I sued on behalf of a client.  The person was served personally with the court papers in December, 1998.  She called me because she wants to know how we have a judgment on her credit rating when she never got notice of a court date where she could defend herself in front of a judge.

Every lawsuit has a portion on it that reads (IN CAPITAL LETTERS) something like: "If you do not defend this proceeding in twenty days, judgment may be entered against you and without further notice to you."  Is there any doubt that doing nothing is a bad thing?

Many people (like the woman I spoke with) claim they never received the papers.  Good luck arguing that in front of a judge when there is an affidavit (sworn under oath) that the person was served on such a day, at such a time, at such a place and that the person identified herself as the defendant.

Other people say that they were never served.  That is not always necessary, so don't rely on that as an excuse. Other weak excuses: the court papers don't look official; there is no court seal; my name is spelled wrong; it went to my neighbour's house(who delivered it to you), etc.

Some people look at a claim and figure that there is no way that the plaintiff will be able to prove that the defendant is obligated to pay anything, so they don't respond.  Guess what: if you don't respond, you have admitted the truth of all the allegations.  Therefore, if you disagree with what is in the claim, defend it!

I once sent a claim by regular mail to a defendant, along with another copy by registered mail.  I had never contacted the person before.  He called me and asked me if I had sent him registered mail.  "Yes."  He responded that he was not picking it up and it would get returned to me, so that I couldn't prove that he received it.  I asked him how he knew to call me and that it was obvious that he had received the regular mail, otherwise he would not have had my number.  He was so frustrated that he couldn't say anything and hung up!

Ignoring court documents is never a good idea.  It will end up costing you more and you will not have an opportunity to have your say.  Courts have little patience for bad excuses, so do things properly the first time.