Questions about summons? Get free advice!


Questioner

Good afternoon. A bailiff, or an employee of his office, has put a summons in my mailbox. It concerns a claim that I dispute and have extensively defended against, including proof of payment. Nevertheless, the summons states that I have not defended myself. I feel that this has damaged and disadvantaged me in my defense. Is the summons admissible in this way? And can I file a complaint about this with the association of bailiffs? I experience this as being trampled on and intimidating.

Lawyer

The claimant has violated the substantiation obligation, but 9 times out of 10 the judge will not attach any consequences to this. You can and must therefore simply make your defense known to the court. I wonder if the bailiff acted in a way that is worthy of complaint towards you. It is careless, but legally speaking you have a dispute with the claimant and not the bailiff who is assisting him/her. My advice is therefore to defend yourself in court so that the plaintiff's claims are dismissed.

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