Summons: Get free legal advice

Questioner

Do you have to sign a receipt for a summons? The bailiff simply put it in the letterbox at the front of the road. It says on the front that he found no one there. That's not true because the person in question was at home and called me immediately, so there is proof that this person was at home.

Lawyer

If the bailiff does not find anyone, he will leave the summons in a sealed envelope.

Lawyer

No, a signature is not required for receipt of a summons. If the bailiff does not find anyone, even if someone was home, he can serve the summons by leaving it in the letterbox.

Lawyer

As Mrs Timmer already indicates, you do not need to sign for receipt of a summons. Incidentally, leaving it in the mailbox has the same legal value as leaving it to a housemate, namely that you have not received the summons in person. This means that if you have been convicted in absentia, you can file an objection within four weeks of becoming aware of this. You can then still put forward a defence and the case will then be resumed. Please note that this term is strict and a violation of even one day will result in your objection not being processed. If this situation occurs, it is therefore essential to act quickly!

Questioner

Now it turns out that the plaintiff's lawyer himself put the summons in the mailbox, which is why the lawyer did not ring the doorbell. Is a lawyer allowed to do this?

Lawyer

No, serving writs is reserved for bailiffs. The summons has therefore not been served on you correctly and is therefore null and void. This is absolutely a reason to file an objection!

Lawyer

I find it a strange story. If the lawyer puts a summons through the letterbox, I am curious to know what stamp it has. If he has posed as a bailiff, he is liable to complaint, if the bailiff has cooperated, he is also liable. I just don't understand why there is talk of opposition, it would be about a summons? I would appear in the proceedings and challenge the validity of the summons as a preliminary defense, and also mention that. I would not yet respond to the demands in substance, but I would already report this whole story to the court. Normally I am not in favor of this, but given the nullity of the summons, in this specific case I would feel comfortable coming to the role hearing in person.

Questioner

When my mother saw the other party's car and the other party's lawyer she said, that's the guy who put it in the mailbox. I then looked at the bailiff and it turned out to be a completely different man. I then called the office and they told me it was our word against the bailiff's. The lawyer is an older man and the bailiff is a younger one. Fortunately the case is over and we have picked up our lives again. Thank you all for your reactions.