Court Summons delivery

PJT

Silver
Jan 8, 2002
3,562
298
83
When a court summons is issued does the alguacil or other recognized authority must hand deliver the summons to the defendant or are there other options?

When under other options, what happens if the defendant deliberately has avoided disclosing his whereabouts, possibly residing out of country? There is no known home address but there is a business address in country advertised in signage and operated the defendant?s name. Can a summons be delivered at the business even if not handed to the defendant? Can a summons be delivered as another option to a lawyer that is known to represent the defendant in an on and going court case at this time?



Regards,

PJT
 

DR_Guy

Bronze
Feb 17, 2010
891
81
48
I was sent a summons at my lawyers office and he had the summons invalidated because it was not properly served, ie dropped off at residence or neighbor. Suggest you talk to lawyer or alguacil
 
Jan 7, 2016
827
2
0
Serving a summons here in the D.R. must be a very frustrating profession...what with the lack of real addresses or even street signs, let alone properly posted apartment numbers on units, etc.
 

Cdn_Gringo

Gold
Apr 29, 2014
8,671
1,133
113
People aren't considered served until and unless it can be established that the recipient has received the document(s). If the person is out of the country or their whereabouts can not be established, they cannot be considered to be legally served if the papers are just left at some address or with some person that may be in contact with the person being served. A lawyer can accept service if they are the lawyer of record for the specific matter being discussed.
 

AlterEgo

Administrator
Staff member
Jan 9, 2009
23,097
6,247
113
South Coast
One of our less-than-desirable neighbors recently gave birth. During the prior 9 months she had said the father could be one of at least 3 guys, and 'I wonder who I can pin this on'. Our maid is related to her. And yes, we talked about it.

Baby born, very white, amazingly so, because she is very black. Everyone commenting apparently. One evening the alcalde comes to our gate to say that Mr. AE and our maid have both been summoned to court, because the mother has pressed charges against them for gossiping about her.

I kid you not.

No paperwork, the court notified the alcalde, who walked across the street and notified us verbally. Apparently this is the way it's done in the campo.
 

jd426

Gold
Dec 12, 2009
9,513
2,783
113
One of our less-than-desirable neighbors recently gave birth. During the prior 9 months she had said the father could be one of at least 3 guys, and 'I wonder who I can pin this on'. Our maid is related to her. And yes, we talked about it.

Baby born, very white, amazingly so, because she is very black. Everyone commenting apparently. One evening the alcalde comes to our gate to say that Mr. AE and our maid have both been summoned to court, because the mother has pressed charges against them for gossiping about her.

I kid you not.

No paperwork, the court notified the alcalde, who walked across the street and notified us verbally. Apparently this is the way it's done in the campo.

You need to tell us more of these Stories & perhaps even expand on the details ... these are the little events in life, esp the DR that makes Life so interesting.. and sometimes amusing..
being totally serious..
 

Derfish

Gold
Jan 7, 2016
4,441
2
0
Serving a summons here in the D.R. must be a very frustrating profession...what with the lack of real addresses or even street signs, let alone properly posted apartment numbers on units, etc.

A couple of men stopped where I rent and asked for the landlady, a Canadian. I assured them she wasn't here. i was asked if I was her husband, said No and they asked me to sign a paper, so I did. Then they left their papers with me. I told the landlady and she stopped by and picked it up. I am still not sure, but believe it was a summons.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
A summons can be properly served personally or at a person's domicile.

There is a special procedure to be followed in case that the person to be served has no known domicile. This procedure allows the process to go forward despite the fact that normal service was not possible.
 

kampinge

Member
Jan 18, 2012
392
0
16
Or at a persons domicile means, and I expierienced it, that they just leave the papers on the ground in front of your door (outside) in spite of rain.
You may find them or not, if you find them you are lucky if you can read them. Mostly name and direction is not correct. But still in the name of law,
the papers are delivered to you.
Isn't it like that Mr Guzman?