Legal Question in Credit and Debt Law in California

My wife accepted a subpoena for some who does not live at our residence. What is her responsibility?


Asked on 10/12/09, 11:41 pm

1 Answer from Attorneys

Melvin C. Belli The Belli Law Firm

What kind of subpoena or did you mean summons and complaint? Subpoenas have to be personally served. A summons and complaint after a reasonable number of attempts to personally serve the person can be served by leaving the summons and complaint with a competent member of the household over the age of eighteen. Since the person does not live at your house your wife should not have accepted the papers. She should immediately call the attorney listed on the document and tell them that she was improperly served because the person does not live there. In any event she should also immediately contract the person and let them know what happened so that they don't loose any rights by missing a deadline based on this defective service. If she does not inform the person she may be liable for any damages that person suffered due to her conduct.

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Answered on 10/13/09, 12:25 am


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