question about subpoena

angeloublue22, BSN, RN · Nov 4, 2018

I have legitimately been served with a subpoena several times (I work in a jail and sometimes have to testify). This is not how it is done. At least in my state, it's done by an officer of the court. I only had to sign for it next to my name on a form but I didn't have to give any of my information. There was no question it was legitimate. If you are questioning it then you are right. You have to be careful about calling the law office they give you if you decide to because they might also be in on the scam. Look up the number for court yourself and call them. This sounds like fishing to me. They would also not say they are "just a messenger" either. Good on you for questioning it.

Kooky Korky, BSN, RN · Nov 4, 2018

Is it someone who is serving you? You have to sign when being served a subpoena.

They don't sign on 'law and Order'.

Been there,done that, ASN, RN · Nov 4, 2018

You were smart not to sign anything, but it doesn't mean you have not received a summons.

I realize this has shaken you up, but just call the law firm ( after confirming it is a legit number) and get the information directly from them.

Good luck.

beekee · Nov 4, 2018

Call the law firm. If you avoid service, you may be charged the cost of the service, which can run into hundreds of dollars, especially if they need to keep coming back. However, even if you refuse to sign anything, you may already deemed to be served.

Mergirlc, MSN, APRN, NP · Nov 4, 2018

Depending on your state, Process Servers (who are lay people) can serve subpoenas. Subpeonas can require you to show up for Court or Deposition or provide documents.

A long time ago, I actually did have to hire a Process Server to serve somebody (long story). This was in California. So, yes, a lay person can go and serve you papers.

As others mentioned, best is to just research and call the number you were given. There will probably be an attorney's name on the paper somewhere. Look up their information on the State Bar Association website and that should return whether they are legitimate or not. Of course, do due diligence and make sure the person you are speaking to really is the person and not somebody who is just using their name!

If it is some type of old job related case, as another person mentioned call the hospital/facility attorney to double-check.

Leader25, ASN, BSN, RN · Nov 5, 2018

Sounds like e is trying to serve you.They use all kinds of ploys to figure out if you are the person they want ,usually all they have is an address and a picture.

Sometimes if you are not home they stick it in mailbox and lie about having confirmed it was you and served you.

Good luck.

BiscuitStripes, BSN, RN · Nov 5, 2018

As others have said, it could be a process server, and that's why he said he's just the messenger. Process servers do not work for the law firm or the court, but can legally serve you with a subpoena. If you refuse to take the paperwork, they'll usually just drop it at your feet, which is considered lawful service (at least here in California). Did they leave the paperwork? If so, use Google and see if the phone number and law firm appear legit. If so, call the law firm and inquire about it. Don't give them any credit card information, social security number, etc. though because they wouldn't need that information and then it would definitely be a scam.

STEMIRN, BSN, RN · Nov 5, 2018

When I get subpoenas, a police officer hand delivers them, and they are always in uniform! This definitely sounds fishy to me as well. You could even call the commonwealth attorney where you live to confirm. What if that person is going to different peoples' homes' to get signatures, and then using those signatures to open credit cards or something. People can be crazy these days and identity theft is so common.

emmjayy, BSN, RN · Nov 5, 2018

Hi im a RN
Today a guy went to my house with a letter of subpoena and asking me to sign documents Documents with my name on and the name of my old job. He said its from a place that I didnt even worked for.
Letter is stating to call the law firm and to appear in court. I asked the guy who he worked for and said he's just a messenger. I didnt sign documents and tol him I didnt even work for the stated place.
Do you think this is legit or a scam?
btw, he came yesterday too but I wasnt available at the moment. Paperwork as a little bit crumpled too.

Spent a long time working in the legal field. This sounds fairly legitimate to me. A lot of people try to dodge being served, so whenever I had to serve people I would be cagey about what I was doing as well. A lot of process servers are lay people who are hired by the law firm to deliver papers and that's it - they literally are just the messenger. How crumpled or not the paperwork is is not a reliable indication of its legitimacy.

The process server could be asking you to sign a paper acknowledging that you got served because it makes their job a bit easier. If you don't sign, they have to fill out an affidavit describing you and detailing how they served you.

If this is real, you're going to end up getting served somehow, some way by someone. If it's not real, there's no harm in just taking the papers and refusing to sign anything. At least once you have the papers you can call the court and see if there is a real case with that case number that you need to appear for. If it's a scam, the court will tell you so... and if it's not, you need to hire a lawyer and deal with it because you can't go around dodging service forever.

Did you ever take the paperwork and look at it?

morte, LPN, LVN · Nov 5, 2018

before you do anything else, lawyer up. if you have a common name, could be someone is taking the easy way out. do not talk to anyone about this till you have spoken to a lawyer.

Kallie3006, ADN · Nov 6, 2018

I don't think this sounds like a scam. I have been served by a process server as well as someone in uniform. Just because you do not sign does not mean that them giving the papers to you does not count as have been severed the papers. There should be a case number that you can look up in the county court system that can at least confirm the papers of being real or not. I would try that and see or call the ex employer if you do not have the papers. I would not avoid this just pushing it off as a scam though. Usually scammers are trying to get information from you or attempt to have you pay the "service" change for delivering the papers. You should not pay anything for this jor give any information to the server as it is not in their job to be entitled to information such as that.