QUESTION: Dear Legal Wiz,
I gave a man I met at the downtown courthouse at Sutton Street $3,000 to serve a summons. I went to court and for the whole day my name was not called. The name of the other person I sued for my money was not called. I went downstairs and the lady at the window told me that the summons was not returned, so I have to start over. What can I do? Can I serve the summons myself?
Shara Martin
RESPONSE: Dear Shara,
To serve the summons in a Jamaican civil matter yourself is your best bet in ensuring it is served and progress of the case. The process is fairly simple. You make the claim at the appropriate window. With the receipt given you return on the date recommended for your summons, as you already know. You then take that summons and serve the copy of the summons to the person you wish to take to court.
Now remember you have certain days and hours that you must serve it or the case can be thrown out.
You MUST fill in and sign the part on the original summons meant for you or anyone serving on your behalf in front of a Justice of the Peace who will sign and stamp it for you.
You MUST return the stamped original summons to the courthouse before the date.
upon doing so, you will need to sign a book confirming that the summons was served and you are returning the same for the date to be confirmed. An entry for the hearing will be officially made on the confirmed date.
When you attend on the confirmed date, both your name and the other person’s name will be called. Make sure you arrive at 10:00 and check which court you are to attend however. There are times when persons do not hear their names because they are sitting in the wrong court, and therefore suffer consequences such as default judgement, or cases thrown out.
NOTE:
1. You can ask a police to accompany you, but he cannot physically hand or serve the summons.
2. If the person refuses, leave said summons in their site, for example at their feet or pinned to their door in full view where they mus see and become fully aware of it. the judge will ask you if they were properly served
3. Where that person who collected your monies is concerned, you need to report him to the court office. Bear in mind however that there should be a sign that warns the public of conducting such transactions with random persons who they meet at the courthouses who are not attorneys-at-law.
4. Also take note that these persons charge a higher sum than the Courthouse personnel.
Legal Wiz
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IM A US CITIZEN, I WAS DATING A JAMAICAN GIRL IN NEGRIL. SHE ASKED ME FOR FIFTEEN THOUSAND J SO SHE SAID SHE COULD PAY HER CAR INSURANCE! AT THE TIME SHE ASKED FOR THIS MONEY I WAS IN THE PROCESS OF NOT DATING HER ANYMORE. I TOLD HER THAT IF SHE LET ME HOLD SOME PROPERTY, A SMALL TV AND A FAN, UNTIL SUCH TIME SHE COULD REPAY THE MONEY I WOULD LET HER HAVE HER ITEMS BACK.
SHE NEVER PAID ME BACK AND FOR SOME REASON, WHILE I WAS BACK IN THE USA, I WAS TOLD BY MY LANDLORD THAT THE POLICE CAME ON SEPTEMBER 25TH, 2013 TO SERVE ME A SUMMONS, STATING THAT I AM POSESSION OF HER PROPERTY AND SHE IS SUING ME FOR 17500 J?
THE LANDLORD TOLD THEM I WAS OFF ISLAND, AND TOLD ME SHE DID NOT TELL THEM WHEN I WOULD BE BACK? THE COURT DATE IS FOR OCT. 4TH, 2013, I AM RETURNING ON OCT. 1ST, 2013 TO JAMAICA?
MY QUESTION IS WILL THEY COME BACK WITH THE SUMMONS BEFORE OCT. 4TH, 2013 TO TRY TO SERVE THE SUMMONS AGAIN OR WILL THEY TELL THE PERSON SUING ME THAT SHE WILL HAVE TO REFILE ANOTHER SUMMONS? SHOULD I WAIT TILL I GET A VISIT FROM THEM AGAIN, SHOILD I GO TO THE COURT ON THE FOURTH OF OCTOBER, SHOULD A MAKE A WRITTEN RESPONSE TO THE COURT OR SHOULD I IGNORE THE WHOLE THING ENTIRELY?
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