Court date but no summons

[skippy1209]

I received a call on Tuesday that I am to report to court on the 23rd but I never received a summons. Can I be dismissed from the court date for having not been properly advised to be in court?

 

[mightymoose]

You won't be "dismissed". In order to be dismissed you would have to acknowledge that you are aware of the court date.... and if you are aware, how can you make a reasonable argument about not having been served or notified?
The procedure isn't proper, but that won't get you excused.
However, if you don't show up at all then someone will have to speak up and claim to have given you legal notification of the hearing... and a phone call is not sufficient.

 

[jharris352]

You might be able to delay the case for lack of proper service, but you won't be able to "dismiss" it. Moose is right that if you acknowledge that you know about the case date you need to show. Now if you have not received a copy of the complaint or the summons giving you directions as to what you need to do then it is possible the court will set off the hearing to another date so that service may be perfected. That make sense?