Writ of Possession without being served

[Hellsbellsidaho]

Jurisdiction

Idaho

I was served by a Writ of Possession by the county Sheriff dept. in August and just last week was barely served the case summons. Shouldn't I have been served before the Writ of Possession so I could defend myself in court?

 

[Zigner]

I was served by a Writ of Possession by the county Sheriff dept. in August and just last week was barely served the case summons. Shouldn't I have been served before the Writ of Possession so I could defend myself in court?

Possibly - but none of us are privy to all the facts in your case. You should probably see the advice of a local attorney.

 

[Hellsbellsidaho]

Possibly - but none of us are privy to all the facts in your case. You should probably see the advice of a local attorney.

Even without knowing the facts isn't there a due process?

 

[Zigner]

Even without knowing the facts isn't there a due process?

I'm sure there is - and it may have been met. Again, without knowing the facts there is no way any of us could advise. Speak to an attorney.

 

[Hellsbellsidaho]

I'm sure there is - and it may have been met. Again, without knowing the facts there is no way any of us could advise. Speak to an attorney.

Fair enough but how is the due process met when the defendant in the case is served months after the court date?

 

[army judge]

Shouldn't I have been served before the Writ of Possession so I could defend myself in court?

That was the way it was taught to me in law school, oh so many, many years ago.

 

[Red Kayak]

Fair enough but how is the due process met when the defendant in the case is served months after the court date?

You were served a Writ of Possession in August by the Sheriff. You knew back then that something was afoot - you should have addressed it then.

https://courtselfhelp.idaho.gov/docs/forms/CAO_SC_Instr_1-2.pdf

 

[army judge]

Fair enough but how is the due process met when the defendant in the case is served months after the court date?

I suggest you hire yourself one of the many great attorneys in your county to assist you with what seems to be a case that appears to lack due process.

Unfortunately if one wants justice these days, it has be purchased.

 

[Red Kayak]

In particular, because you did not respond to the Writ of Possession within 21 days, the other party (successfully) petitioned for a default judgement.

You may at this point attempt to petition to have the default judgement set aside and request that you be allowed to respond. That may or may not be prudent, depending on the facts involved.

 

[Zigner]

Fair enough but how is the due process met when the defendant in the case is served months after the court date?

There ARE alternative methods of service that might leave you in the dark.

 

[Hellsbellsidaho]

In particular, because you did not respond to the Writ of Possession within 21 days, the other party (successfully) petitioned for a default judgement.

You may at this point attempt to petition to have the default judgement set aside and request that you be allowed to respond. That may or may not be prudent, depending on the facts involved.

Actually the Writ of Possession was in August and I was just served the complaint two weeks ago. The carriage came before the horse. I still have a week to respond.

 

[Hellsbellsidaho]

There ARE alternative methods of service that might leave you in the dark.

They are supposed to serve personally first before the alternative methods and they barely personally served me two weeks ago.

 

[Red Kayak]

Actually the Writ of Possession was in August and I was just served the complaint two weeks ago. The carriage came before the horse. I still have a week to respond.

And what did you do in August, when you were served the Writ of Possession?

 

[Zigner]

They are supposed to serve personally first before the alternative methods and they barely personally served me two weeks ago.

They were supposed to attempt to serve you personally. Again, speak to an attorney who can review all of the facts!

 

[flyingron]

Eh? The Writ doesn't get issued until after a sequence of other notices including the notice of the unlawful detainer action that ended up in having the writ issued. That's where the due process was.

The Writ doesn't get "served." The writ is an order to tell the sheriff to get the tenant out. Any time they give you other than GET OUT NOW is purely goodwill on the sheriff's part.

 

[Hellsbellsidaho]

Can a defendant claim 5th Amendment rights in a civil Duces Tucum?

 

[adjusterjack]

We're going to need more detail about what's happening to you. A subpoena Duces Tecum is typically served on non-parties to a civil lawsuit. What a defendant gets is generally a set of interrogatories where he has to answer a set of questions about his involvement in the case.

If, by answering those questions, you potentially admit to committing a crime then, yes, you should be able to exercise your right against self-incrimination but you'd better take those questions to an attorney and find out how to answer them properly.

 

[Hellsbellsidaho]

Exemployer believes I have some of their files, which I don't but I am going to the Duces Tecum without an attorney so I am going to use my 5th Amendment so I don't say something stupid.

 

[adjusterjack]

If your employer is potentially accusing you of a crime then you would be foolish to go anywhere, do anything, or say anything without speaking with an attorney first.

Watch this:

 

[Highwayman]

Can a defendant claim 5th Amendment rights in a civil Duces Tucum?

I would say if you can't even spell it correctly you probably shouldn't be going without an attorney to advise you.