回複:He is deemed to be served. His refusal doesn't matter in law.

來源: 集茜 2009-02-13 17:52:31 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (713 bytes)
If the court find a way to give the Summons to him, he is deemed to have received the Summons. Whether or not he accepts is irrelavant.

Once he is served, he (or his lawyer) must show up to defend himself. If he doesn't, the court will issue a default judgment in your favor, which means he loses. The default judgment is solely based on his absence; the court doesn't even look at the merits of the case.

Once you get the default judgment, you still need to find a way to enforce it (i.e., get the money from him), otherwise the default judgment is just a piece of paper. This can be done either by his voluntary payment or by a court action (i.e., court forces him to pay).




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