In most cases, we know where to find the opposing party to serve them. We typically serve them at work or at home. In rare cases, we can’t locate them anywhere! So we serve them in the newspaper by publishing a “warning order.” How does this work? I’ll show you!

What is a warning order?

A warning order is a legal notice published in the newspaper, warning a party to a lawsuit that if they do not answer the lawsuit that a judgment will be entered against them.

How do you get one?

First, you have to have the judge’s permission. To get that, you have to file an affidavit, swearing that you have made a “diligent inquiry” into the other party’s location and that their “whereabouts are unknown.”

What is a “diligent inquiry”?

A diligent inquiry means that you have really tried to actually find the other party. You have called their last known phone number. You have emailed their last known email address (if any). You have looked for them on Google and Facebook. You have reached out to friends and family to try to find them. You must have tried ALL OR MOST of these things, and you still couldn’t find them.

If you know their city and state, but not their exact address, you may have to hire a private investigator to try to find their address.

What else do I have to do?

After you have the judge’s permission to serve them by newspaper, you also have to send a copy of the paperwork to the person’s last known address, wherever that might be. We will send it to them by certified mail in the hopes that they get it and sign for it. Yes, you still have to send the mail even if you know for sure that they no longer live there.

How much does it cost?

The costs vary slightly but usually the newspaper notice costs about $115 and the certified mail costs about $15. A background check by a private investigator costs about $25.

Any other questions?

Just ask! We are here to help. If you need to serve someone by newspaper, be sure to follow the proper steps and let us know if you have any questions.

You could have been at work, minding your own business. Or maybe you were at home in your pajamas. Either way, it's not fun to be served with a lawsuit. But what are you supposed to do now? 

The first thing I will tell you is what NOT to do. Do not wait. Do not stick it in with the rest of your mail and forget about it. Do not wait to go talk to a lawyer.

The second thing is to READ the summons. There is some important information in there. A typical summons will tell you that you have 30 days to respond to the lawsuit or you will risk default. If you default, a judgment can be entered without you. And it is near impossible to undo.

The summons will also include what court the lawsuit is in, who the lawyer on the other side is, and where the clerk's office is to file a response.

Occasionally, a summons will provide for a shorter time period. For example, if you are served with an unlawful detainer lawsuit, you will only have five days to respond, or you will be evicted.

In addition to the summons and the complaint or petition, there may also be a notice for a temporary hearing. In almost all cases, it is imperative that you attend the hearing. Even if your 30 days to respond has not run yet. If the hearing is in the morning, go to the hearing and tell the judge you want a continuance to find a lawyer. 

The third thing is to take the summons to an attorney as soon as possible and learn about your options. Schedule an appointment as soon as you can. Do not want until your answer is due.

If you have been served with a lawsuit, get proactive. Because it's not going away. Read it carefully and then schedule an appointment with an attorney like Leslie who can help you.