What if the non-filing party will not cooperate and voluntarily submit to the jurisdiction of the Court?
They must be in-voluntarily submitted to the jurisdiction of the Court. The Court must issue an official court document called, in Texas, a “CITATION”. In federal courts, these are called a “SUMMONS”. This document must then be properly delivered or “served” on the non-filing party, usually in person delivery by a Sherriff or Constable. If the non-filing party does not respond within the time limits specified by the Court on the CITATION or SUMMONS, the Court can then proceed and grant a Judgment by “default”. This is considered the minimum “due process” required. Ignoring a CITATION or a SUMMONS is an act of negligence. Many people don’t realize this until its too late. The issuance and service of a CITATION or a SUMMONS is sometimes a necessary next step that must be taken. Even if a case is not settled or dispute resolved promptly, sometimes it can still be resolved with minimal difficulty. We try to go the extra mile at The Childress Law Office, and if we are not able to accomplish
Related Questions
- If the beneficiary has appointed an Attorney-In-Fact under a Power of Attorney, or had a Guardian/Conservator appointed by a court of competent jurisdiction, do I need to submit proof?
- What if the non-filing party will not cooperate and voluntarily submit to the jurisdiction of the Court?
- What if I win my case in Small Claims Court and the losing party has assets in another jurisdiction?
