Community > General Discussion

Topic: help!!
missy51970 Joined Fri 11/02/07 Posts: 12712	Tue 07/29/08 09:27 PM
very simple hun, make them write up the subpoena. IF they do so, then go to your lawyer (most if not all states have free clinics available for low-income), and he or she will help you write up a written statement that is signed, witnessed and notarized which is perfectly legal. I had to do this when I was in Germany witht he Army. My former employer went to court for not allowing me out to bring in carts prior to a high wind. Lady was killed whenthe cart was picked up and thrown into the highway. I simply had to write the statment of how I was involved and what I knew about hte matter, and have it "officialized" and that worked as my appearance in court. Legal Aid is not so easily acquired.. and not every case especially not child welfare cases will allow just a signed, notarized statement.. For obvious reasons.

daniel48706 Joined Fri 03/16/07 Posts: 8566	Tue 07/29/08 09:42 PM
keep in mind, some states (not sure about all) a subpoena can be delivered by certified mail as well, not just in person. honestly think about it, how is the court gonna order a supponea because someone cannot afford to miss work figuring the world is in a recession apparently.. Seems to risky and stupid for the government to do such, id call his bluff, but in the worst case scenario you have a couple days dont think for a second that the court wont subpoena someone because the person cant afford to take the time off work.. YES THEY WILL...been there done that..just dont answer the door.. they have to serve the papers to you in person... if they dont hand them to you, you didnt get them... however if they do subpoena you and you dont show.. off to jail you go... Good luck hunny.. Some people (and the courts) just dont give a damn ....

missy51970 Joined Fri 11/02/07 Posts: 12712	Tue 07/29/08 09:45 PM
keep in mind, some states (not sure about all) a subpoena can be delivered by certified mail as well, not just in person. honestly think about it, how is the court gonna order a supponea because someone cannot afford to miss work figuring the world is in a recession apparently.. Seems to risky and stupid for the government to do such, id call his bluff, but in the worst case scenario you have a couple days dont think for a second that the court wont subpoena someone because the person cant afford to take the time off work.. YES THEY WILL...been there done that..just dont answer the door.. they have to serve the papers to you in person... if they dont hand them to you, you didnt get them... however if they do subpoena you and you dont show.. off to jail you go... Good luck hunny.. Some people (and the courts) just dont give a damn .... She doesnt have to sign for it... just like not answering the door.. thers no law that says you HAVE to open your door because someone knocks on it.. you dont HAVE to sign for mail.. If this guy called her tonight...It would have to be a pretty hurried up deal to get her a subpoena to be in court on Thursday morning. Doubtful, not impossible but highly inprobable..

daniel48706 Joined Fri 03/16/07 Posts: 8566	Tue 07/29/08 09:45 PM
The document I am referring to, the judge has no authority in denying it, unless he/she can show without question that the persons presence will make a differance in the outcome of hte proceedings. That is WHY this is a legal and valid method of testifying. And I dont care what the case on the docket is about, wether it is child welfare, or drunken driving, the law is the same as far as legal testimony is concerned. Just because it is a child welfare issue at hand, does not mean the judge can say, "no affidavits are allowed". especially considering someones income is involved. very simple hun, make them write up the subpoena. IF they do so, then go to your lawyer (most if not all states have free clinics available for low-income), and he or she will help you write up a written statement that is signed, witnessed and notarized which is perfectly legal. I had to do this when I was in Germany witht he Army. My former employer went to court for not allowing me out to bring in carts prior to a high wind. Lady was killed whenthe cart was picked up and thrown into the highway. I simply had to write the statment of how I was involved and what I knew about hte matter, and have it "officialized" and that worked as my appearance in court. Legal Aid is not so easily acquired.. and not every case especially not child welfare cases will allow just a signed, notarized statement.. For obvious reasons.

daniel48706 Joined Fri 03/16/07 Posts: 8566	Tue 07/29/08 09:47 PM
I agree with you on this area. She does not have to sign for the mail. But I still say in the end, her best bet is to go to legal aid, and have the affidavit written up. keep in mind, some states (not sure about all) a subpoena can be delivered by certified mail as well, not just in person. honestly think about it, how is the court gonna order a supponea because someone cannot afford to miss work figuring the world is in a recession apparently.. Seems to risky and stupid for the government to do such, id call his bluff, but in the worst case scenario you have a couple days dont think for a second that the court wont subpoena someone because the person cant afford to take the time off work.. YES THEY WILL...been there done that..just dont answer the door.. they have to serve the papers to you in person... if they dont hand them to you, you didnt get them... however if they do subpoena you and you dont show.. off to jail you go... Good luck hunny.. Some people (and the courts) just dont give a damn .... She doesnt have to sign for it... just like not answering the door.. thers no law that says you HAVE to open your door because someone knocks on it.. you dont HAVE to sign for mail.. If this guy called her tonight...It would have to be a pretty hurried up deal to get her a subpoena to be in court on Thursday morning. Doubtful, not impossible but highly inprobable..

buttons Joined Mon 11/06/06 Posts: 25783	Tue 07/29/08 10:21 PM
Have these a$$holes never heard of a deposition???? Ask!!!! It's as good as being there!!!! Further affiant sayeth not!!! i offered one or a letter that was noterized just in case i could not go... anyhow im gone so ill have a choice now to go or not.... cause they cant serve me... that was rude of the attorney to say to me" will it help u go if i suppenna you?" im sorry i took that as a threat...

buttons Joined Mon 11/06/06 Posts: 25783	Tue 07/29/08 10:22 PM
Sit back, relax and smoke a jo*nt, you'll feel better! too old for that grew outta it yrs ago

buttons Joined Mon 11/06/06 Posts: 25783	Tue 07/29/08 10:27 PM
very simple hun, make them write up the subpoena. IF they do so, then go to your lawyer (most if not all states have free clinics available for low-income), and he or she will help you write up a written statement that is signed, witnessed and notarized which is perfectly legal. I had to do this when I was in Germany witht he Army. My former employer went to court for not allowing me out to bring in carts prior to a high wind. Lady was killed whenthe cart was picked up and thrown into the highway. I simply had to write the statment of how I was involved and what I knew about hte matter, and have it "officialized" and that worked as my appearance in court. again i already offered this 2 weeks ago... already took one day off a month ago for this...and went to court... i should not have to pay a lawyer anything.. nor take time i dont have cause i work the next 2 days .. take time off to go to lawyer? like i said i cant or wont. i offered to go if i could and went once already.. if i didnt work id go again... but not taking a day off cause i dont get paid for it... if they didnt take the note 2-3 weeks ago and i offered several times .. then why supena me 1 day ahead cripes sakes my work cant even cover me that fast!

buttons Joined Mon 11/06/06 Posts: 25783	Tue 07/29/08 10:30 PM
honestly think about it, how is the court gonna order a supponea because someone cannot afford to miss work figuring the world is in a recession apparently.. Seems to risky and stupid for the government to do such, id call his bluff, but in the worst case scenario you have a couple days dont think for a second that the court wont subpoena someone because the person cant afford to take the time off work.. YES THEY WILL...been there done that..just dont answer the door.. they have to serve the papers to you in person... if they dont hand them to you, you didnt get them... however if they do subpoena you and you dont show.. off to jail you go... Good luck hunny.. Some people (and the courts) just dont give a damn .... yea off to jail for someone elses drama that im not involved in.... my point!!! nope!! i wont be there to get the papers.... ill go if i choose too not sure i want to offer help at this point!

buttons Joined Mon 11/06/06 Posts: 25783	Tue 07/29/08 10:32 PM
keep in mind, some states (not sure about all) a subpoena can be delivered by certified mail as well, not just in person. honestly think about it, how is the court gonna order a supponea because someone cannot afford to miss work figuring the world is in a recession apparently.. Seems to risky and stupid for the government to do such, id call his bluff, but in the worst case scenario you have a couple days dont think for a second that the court wont subpoena someone because the person cant afford to take the time off work.. YES THEY WILL...been there done that..just dont answer the door.. they have to serve the papers to you in person... if they dont hand them to you, you didnt get them... however if they do subpoena you and you dont show.. off to jail you go... Good luck hunny.. Some people (and the courts) just dont give a damn .... well daniel... i wont be home to get my mail delivered at my door besides they are about a block from my house in big boxes here for everyone

jonny63 Joined Sat 03/08/08 Posts: 5229	Tue 07/29/08 10:32 PM
Sit back, relax and smoke a jo*nt, you'll feel better! too old for that grew outta it yrs ago Me too, just a suggestion

MLG40 Joined Sat 10/07/06 Posts: 501	Tue 07/29/08 10:37 PM Edited by MLG40 on Tue 07/29/08 10:40 PM
I think it is too late for them to issue a Subpoena. And in most states all the deliver has to do is knock and leave it at the door or even in the mail box. No contact is needed anymore. They could also say that they did deliver it to you, even when they just sat at the desk. I would not worry about it. I think you even said that you could not say one way or the other about the knowledge of what happened. So your voice would be thrown out anyways. I would still check with the court house and find out the facts, each state has different rules that apply. You don't even have to give them your name, and use a pay phone if you may worry about caller I.D.

buttons Joined Mon 11/06/06 Posts: 25783	Tue 07/29/08 10:48 PM
funny how drama tries to follow me... i think it crap that i was kind enough to offer my time to go and be a charachter witness.. and did go <even took tht day off> then it gets put for a month and half later.. and i offer to get a noterized letter in case i had to work and all i get is threatened... so i can go to jail or go in the hole more for someone elses issues... this is not right...