Friends of mine have a daughter that is 13 years of age who was just served with a court summons. The summons is for her parents who were not at home at the time. My freinds were under the impression that a person had to be at least 14 years of age to be legally served. Is this correct or are they screwed?
Of course it depends upon the law in your jurisdiction. IIRC, my jurisdiction allows “leave and mail” service if the recipient is of suitable age and discretion. Not sure whether a 13 year old would qualify.
It’s a bit of a cliche, but the parents need to see a lawyer pronto to learn about the service of process issue as well as a bunch of other stuff. The reality is that in many types of cases, it’s not worth the trouble to contest service of process. In others, it can be.
(standard disclaimer about legal advice)
This OP really calls for very specific legal advice, consult a lawyer in your jurisdiction.
That’s what they plan on doing in the morning. I was jsut attempting to try and make it a little easier (if possible) for them to sleep tonight.
No one can help you unless you reveal the state in question.
IANAL etc. As has been noted, there is no way to answer the question without knowing the state in which the summons was served. The rules vary from state to state (and probably vary between federal and state cases). In Wisconsin, it is factually correct that the recipient of a summons must be at least 14 for the summons to be legally served. The law in your state will vary. Your friends should contact an attorney, which you say they are doing.
Thanks for the help. My friends have been to see their lawyer.
BTW, I reside in Illinois. (although I’m not sure why)