Query: What if I did not receive the summons as I already changed my location or address? Will I be charged by default?
Understanding Service of Summons
In the Philippines, the service of summons is a crucial aspect of legal proceedings. It is the method by which a court informs a defendant of the commencement of a legal action against them, ensuring they have the opportunity to respond to the charges or claims. The Rules of Court in the Philippines provide specific guidelines on how summons should be served to ensure that due process is observed.
Personal and Substituted Service
Personal Service: The primary method of serving a summons is through personal service, where the summons is delivered directly to the defendant. This is the most reliable method as it ensures the defendant is aware of the legal action.
Substituted Service: If the defendant cannot be personally served, the law allows for substituted service. This involves leaving the summons with a person of suitable age and discretion residing at the defendant’s residence or with a competent person in charge at the defendant’s office or regular place of business.
Consequences of Changing Address
If a defendant has changed their address and did not receive the summons, several factors need to be considered:
Proper Notice: The court must be satisfied that all reasonable efforts were made to serve the summons at the defendant's known address. If the summons was served at an old address without knowledge of the new one, it may not constitute proper service.
Publication: In cases where the defendant cannot be located despite diligent efforts, the court may allow service by publication. This typically involves publishing the summons in a newspaper of general circulation, providing constructive notice to the defendant.
Default Judgment
If a defendant fails to respond to a summons within the prescribed period, the court may proceed to render a default judgment. However, for a default judgment to be valid, the court must be convinced that the defendant was properly notified of the proceedings:
Invalid Service: If it is proven that the service of summons was not properly executed (e.g., sent to an outdated address without attempts to locate the new address), the default judgment can be contested and potentially set aside.
Remedy for the Defendant: The defendant can file a motion to set aside the default judgment on the grounds of improper service. They must demonstrate that they were not aware of the legal action due to the failure in service of summons.
Responsibilities of the Defendant
It is also the defendant’s responsibility to inform relevant parties, such as the court or their legal counsel, of any change in address to avoid issues related to the service of summons. Proactively updating contact information can prevent complications and ensure that legal notifications are received timely.
Legal Recourse
If a default judgment is rendered due to failure in receiving the summons, the defendant has legal recourse:
Motion to Set Aside Default Judgment: The defendant may file a motion to set aside the default judgment, citing lack of proper service as the reason. The court will then review the circumstances and determine whether to vacate the judgment and allow the defendant to present their case.
Appeal: If the motion to set aside the default judgment is denied, the defendant can appeal the decision, presenting evidence that proper service was not accomplished.
Conclusion
In conclusion, changing one’s address without notifying the court or relevant parties can lead to complications in receiving legal summons. However, Philippine law provides mechanisms to ensure that due process is followed, and defendants have the opportunity to contest any default judgments rendered due to improper service. It is essential for defendants to stay informed and take proactive measures to update their contact information with the court to avoid such issues.