Package refused

[Innerlaner]

I sent court papers certified mail signature requested and it was "refused." Does this mean that he's off the hook and don't have to show in court?

 

[Michael Wechsler]

I sent court papers certified mail signature requested and it was "refused." Does this mean that he's off the hook and don't have to show in court?

No. It means if you show up in court it is possible to obtain a default judgment which could stick permanently. You still need to prove your case to the judge as if the defendant was there. If you have enough evidence, the judge may grant you a judgement. If desired later, a defendant will frequently claim that a judgment was entered without his/her knowledge and there is good reason to reopen the case. Is there a name on file with regard to the refusal? If so, then the court will probably deny an 'order to show cause' to reopen a default jdugment. If not, it might be a good circumstance to knock the defendant out of the box.