I have been named a co-defendant in a civil action. I did not respond to the summons, and dont plan to. The costs to challenge the case are too much, (2500.00 to get in and anywhere from 12-20000 to finish, with a likely guilty verdict) versus the cost of bankruptcy. My lawyer told me that I already have defaulted. However I was given a subpoena to give testimony in the discovery phase. The question is if I defaulted why am I still a defendant in need of being subpoenaed(sp?)? Also one of the members of the plantiff LLC served me with the subpoena, doesn't that invalidate the subpoena, requiring them to serve me again in a valid manner?