Small Claims Hearing Date But Never Received Summons??

In some states they can serve you by mail or publication. Check your state laws. if you dont apppear they will get a jugdment against you.

I'm in IL so if by mail it needs to be certified mail, which I've not received. As far as notice by publication, its not likely, as from what I understand they would need at least 3 weeks to do that plus time to file the request. The suit was only filed 5 weeks ago.

It they determined immediately they could not serve you in person, they could have done the publication easily. Do they have a current address for you? You recently move? When I was in collections, it was not difficult to determine that a person could not be found.

Honestly if I can put in my two cents worth, but with the economy probably not even worth that much nowadays. I think they are trying to pull a fast one-filed almost a month ago-not served yet-but court this week. Sounds like they are trying to get a default judgement. Personally I would show up and ask the judge to make them prove you were served. I would tell the judge you only found out cause you were there last week for another case and happened to see you had a pending case for this week, but have NOT been served as of yet. Sorry just my opinion-I think they are trying for a default judgement and we all know they thrive on doing this to people

Soaplady: Thanks for replying. The date when they tried to serve me by process server was only 9 days ago. Theres no way they could even get a service by publication started by then , let alone completed. They have my current and correct address. I've lived there for over 5 years.

lmarinaro: Personally I think you're right. I understand most don't show up even if they were properly served. So, in my case it would be expected I wouldn't show. But it seems to me, if the judge is staring at an affidavit from the process server saying he wasn't able to serve me, how do they go ahead and legally get a default judgment?

I would think if the judge is shown that you werent served they would have to dimiss without prejudice-if im have it right that means they can try to bring the case again. I have read here when the judge asks for proof of service and they couldnt produce it was dismissed. I would show up and make them prove they served you, if they didnt have a motion ready to have it dismissed for improper service. If you show they cant do a default judgement-thats happens when no one shows-which is what they are hoping for from the sound of it. Tell you what though-Soaplady is smart and does know what she is saying. Her and a couple of others on this site are awesome people they have helped me and so many others learn the laws for this.
But I would show up and shock the crap out of them, they arent expecting you thats for sure.

In Texas, once you make an appearance in court, the improper service is cured because the reason for service is to get notice of the lawsuit. If you make an appearance by filing an answer or a motion to dismiss, service would no longer be an issue. Then you are still going to have to defend. my 2 cents.

Joe, my concern is if I actually appear in court, and state my request to have the complaint dismissed for 'Lack Of Proper Service', the atty for the plaintiff may just say, "Fine, Ok, your Honor, I am now serving the defendant" and that might be accepted as "service". So I gained nothing in terms of time.

....(I know they will refile in any event but handling this right would give me more time to decide what other actions to take, like BK etc.)

ryanzona, that was my point. I am not sure of the procedure laws in your state. In some states, like Texas, making an appearance and asking the court to dismiss the case (a motion asking the court to do something) is considered an appearance. And an appearance may make the issue of defective service a nonissue. So you either appear and tell the judge you were not properly served and hopefully you get more time, or you don't and they get a default judgment and you collaterally attack the judgment as being void for lack of service. If you are successful on a collateral attack, they can refile the lawsuit if the account is still within the statute of limitation. My opinion is that you should do whatever you can to avoid a default judgment because that can be harder and more costly to overturn.