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  1. #1
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    Jul 2011
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    Default Can You Be Served With a Court Summons by Email

    My question involves court procedures for the state of Utah
    https://slco.org/justice-court/small-claims/

    I live in neighbor state, yesterday I received an e-mail from a person in Salt Lake City

    who worked for me with a small claims affidavit & summons attached requesting payment.

    I have read e-mail could be a way to serve a summons.
    https://www.utcourts.gov/howto/servi...e_service.html


    I have the case number. I am looking to find out is e-mailing a summons is possible, and if so what is the processing time/ procedure? Is this an acceptable means to serve a small claims summons?


    Do I have time to request a change of venue based on jurisdiction (request change court where I live)?


  2. #2
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    Mar 2013
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    Default Re: Can You Be Served With a Court Summons by Email

    Quote Quoting TrafficJam
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    I have read e-mail could be a way to serve a summons.
    https://www.utcourts.gov/howto/servi...e_service.html

    I am looking to find out is e-mailing a summons is possible,
    You just read, on the Utah court website, that e-mail could be a way to serve a summons, yet now you are asking strangers on the internet if e-mailing a summons is possible.

    Doesn't make a whole lot of sense to me.

    Quote Quoting TrafficJam
    View Post
    if so [B]what is the processing time/ procedure?
    Maybe you missed it, but the court website makes it clear that the plaintiff must file a motion for alternative service and get the judge to approve it. That's the process. As to how long that takes, or if it was even done, I have no idea.

    You have the case number. Look up the case on the court's website to see if such a motion was filed and if it has been ruled upon. Call the court if you have to.

    Quote Quoting TrafficJam
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    Do I have time to request a change of venue based on jurisdiction (request change court where I live)?
    You don't file anything until you are properly served. Then you can request a change of venue, but do it as quickly as possible after being served.

  3. #3
    Join Date
    Jul 2011
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    19

    Default Re: Can You Be Served With a Court Summons by Email

    The Plantiff has not been able to serve the summons.

    There is now an order by the court to serve by "Publication".

    Not sure how this was approved since my address is on the summons.

    My guess this is a court approved news paper/ publication and will guarantee service.

    This leads back to jurisdiction (request for change of venue) of a small claims court in Utah over a resident in California.

    Where might I look for the details/ requirements. Do I look at the Utah court system, or California?

    My guess would be Utah since this is where the case is currently.

    Any comments are appreciated.

    I live alone with my son who has a disability.

    Would a letter to the court from a doctor help with change of venue?

    This is a hardship (time away from work) for my to drive about 1000 miles to and from particularly my son.

    Thanks

  4. #4
    Join Date
    Oct 2014
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    7,214

    Default Re: Can You Be Served With a Court Summons by Email

    Quote Quoting TrafficJam
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    My question involves court procedures for the state of Utah

    I live in neighbor state, yesterday I received an e-mail from a person in Salt Lake City....
    Do I have time to request a change of venue based on jurisdiction (request change court where I live)?

    You say that you live in a state that borders Utah. It is not possible to change venue from Salt Lake City to a court in your home state (which I now see is California). Venue relates to which small claims court in Utah the case would be heard. In order to get the case filed in your state, the case in Utah would have to be dismissed and the plaintiff would have to file a new complaint with the appropriate court in your state. Since you hired a person in Salt Lake City to work for you, the Utah courts will have jurisdiction to hear the case. And since you live out of state, the appropriate venue for the case would be the small claims court where plaintiff is located. So I don't see any motion for a change in venue to some other Utah court as being successful.

    You hired the person to do work for you. You evidently haven't paid the person. Why not? Do you have any defense to his claim for payment? If not, the easiest way to deal with this is to simply pay him/her what you owe.


    Quote Quoting TrafficJam
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    I live alone with my son who has a disability.

    Would a letter to the court from a doctor help with change of venue?

    This is a hardship (time away from work) for my to drive about 1000 miles to and from particularly my son.

    Thanks
    I'm sympethetic to your need to care for your disabled child, but there is simply no way to get a change of venue from Utah to California, even with a claim of hardship. You hired a person you knew was in Salt Lake City to do work for you. Doing that means that you submitted to the jursidiction of the Utah courts to resolve disputes that would arise from that hiring arrangement. If you did not want to have to deal with litigating disputes in Utah, you should have hired someone close to you in California to do the work, assuming this work could be done anywhere. But you didn't, so you'll end up having to deal with this in the Utah court.

    Bear in mind, venue and jurisdiction are two distinctly different legal concepts.

  5. #5
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    Jul 2018
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    Default Re: Can You Be Served With a Court Summons by Email

    Quote Quoting TrafficJam
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    Do I have time to request a change of venue based on jurisdiction (request change court where I live)?
    There's no such thing. A motion to change venue seeks to have a case moved from one county to another county in the same state. There is no way to have a case transferred from a state court in State X to a state court in State Y.

    I've ignored the rest of your post because "adjusterjack's" response covers everything else adequately.

    Quote Quoting TrafficJam
    View Post
    This leads back to jurisdiction (request for change of venue) of a small claims court in Utah over a resident in California.

    Where might I look for the details/ requirements. Do I look at the Utah court system, or California?
    The court web site you linked to in your original post would be an obvious starting point.

    Quote Quoting TrafficJam
    View Post
    Where might I look for the details/ requirements. Do I look at the Utah court system, or California?

    My guess would be Utah since this is where the case is currently.
    You are correct. California's small claims jurisdictional laws have no relevance to a case pending in Utah.

    Quote Quoting Taxing Matters
    View Post
    Since you hired a person in Salt Lake City to work for you, the Utah courts will have jurisdiction to hear the case.
    That's not correct. All we know is that the plaintiff is currently "in Salt Lake City" and previously "worked for" the OP. Based solely on those facts, the Utah court may or may not have personal jurisdiction over the OP. For all we know, this individual worked for the OP in California and then moved to Utah. If that were the case, the Utah court would not have personal jurisdiction over the OP in the absence of some other basis.

    Quote Quoting Taxing Matters
    View Post
    You hired a person you knew was in Salt Lake City to do work for you. Doing that means that you submitted to the jursidiction of the Utah courts to resolve disputes that would arise from that hiring arrangement.
    We don't know if the plaintiff was "in Salt Lake City" at or before the time of the relationship between the two parties. We also don't now if it was employment or independent contractor arrangement or if there is anything in writing that provides for a particular forum for the resolution of disputes. Moreover, even if the OP did knowingly hire a person in Utah to do work, that fact, by itself, is not sufficient for a Utah court to exercise personal jurisdiction over an out-of-state resident.

  6. #6
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    Default Re: Can You Be Served With a Court Summons by Email

    Quote Quoting TrafficJam
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    The Plantiff has not been able to serve the summons.
    Maybe I missed something somewhere...

    You said that you received an email with the summons and that is an acceptable means of service - so how do you say that the Plaintiff has not been able to serve the summons?

  7. #7
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    Default Re: Can You Be Served With a Court Summons by Email

    Quote Quoting pg1067
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    That's not correct. All we know is that the plaintiff is currently "in Salt Lake City" and previously "worked for" the OP. Based solely on those facts, the Utah court may or may not have personal jurisdiction over the OP. For all we know, this individual worked for the OP in California and then moved to Utah. If that were the case, the Utah court would not have personal jurisdiction over the OP in the absence of some other basis.
    I will concede that the facts are unclear as where the plaintiff was when hired and where he was when the work was performed, if different. Thus my previous statement might not be correct. But as you imply in your own reply, it is certainly possible that the Utah courts have jurisdiction to hear it. The OP might want to reply with the details of that work arrangement to clarify matters. Otherwise, he can investigate whether he may have a challenge to jurisdiction by the Utah courts.

  8. #8
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    Default Re: Can You Be Served With a Court Summons by Email

    From the wrong email service I made a motion to dismiss improper service.

    Court allowed alternate service by publication - Salt Lake City Tribune.
    This alternates by week in the newspaper & a tribune summons website.
    My motion to dismiss was removed.

    Problem I live in another state California that requires alternate publication to be located in my California. Is this a improper jurisdiction since any judgement in Utah will need to be domesticated in the state I live.

    As I understand sister state judgments BOTH states laws must be followed.

    If so possibly I can vacate judgement due to improper/ no jurisdiction?

    Do I show up in court to argue and reduce the judgment, or do I not show up for default judgment and argue lack of judgement?

  9. #9
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    Default Re: Can You Be Served With a Court Summons by Email


  10. #10
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    Default Re: Can You Be Served With a Court Summons by Email

    Quote Quoting TrafficJam
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    Problem I live in another state California that requires alternate publication to be located in my California. Is this a improper jurisdiction since any judgement in Utah will need to be domesticated in the state I live.

    As I understand sister state judgments BOTH states laws must be followed.
    Where did you come by this understanding? It's completely incorrect. Since the case is pending in Utah, only Utah's rules of civil procedure matter, and California will not refuse to recognize a sister-state judgment simply because the other state's laws allow for a means of service that is different from what the California rules allow.

    If you want to defend the lawsuit, file a responsive pleading or show up and defend yourself. Don't try to play games.

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