Will ignoring court summons due to illness cause problems?
Hello Sir, I have received a court summons in a debt recovery matter. The debt was taken by my father, and I have been summoned as his legal representative after his death. I am not aware of when my father borrowed the money. The lender claims to have a promissory note, but has not shown it to me. A court official called me to collect the summons at my native place, but I am currently elsewhere and unable to travel due to health issues. I was recently hospitalized, and the doctor has advised me not to travel for the next 20 days. According to the case details I checked online, the next hearing is scheduled within 30 days. Even if I go to collect the summons after 20 days, I may not have sufficient time to prepare or consult a lawyer. So I am thinking of not accepting the first summons and responding to the next one. Will this have a negative impact? Since I have a valid medical reason, can I request the court official to mark the reason and treat it as "door locked"?
Dear Client, Ignoring a summons order of the court can have serious repercussions. It can result in the declaration of ex-parte orders, which can be detrimental for the party. However, the ignorance due to serious health issues can be justified, provided the necessary documents such as the medical certificate, are duly produced before the court without delays. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
Indian law (CPC Order V) mandates personal or approved service of court summons. Refusal to accept or sign, or a "refused" return for a registered post summons, is legally considered valid service. If a defendant isn't found or refuses, the summons can be affixed to their door (Order V Rule 17 CPC), and the court may deem it served. Crucially, medical excuses are not valid reasons for a process-server to mark a summons unserved. If ill, you must proactively inform the court in writing with medical proof to seek an adjournment or have your lawyer appear. Simply avoiding service will likely result in the court proceeding without you, as your non-acceptance is treated as effective service.
If you are summoned as a legal heir, attend or inform the court of your medical condition in writing, along with hospital proof. Skipping summons without informing can lead to legal trouble. Ask a lawyer to request more time. If you were not aware of the debt, you can contest it with legal advice. For further legal assistance contact us on our helpline number.
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