Legal Question in Civil Litigation in California

Re: Being sued and served a summons

I would strongly recommend that you not ignore this. If they can't find you, they may be able to secure a default judgment against you, which can be enforceable if they later find you even if your name is different. The best thing to do is to get a lawyer to work with you on this, so that you aren't put in a position where you automatically lose the lawsuit and are forced to pay dearly years down the line. Who knows, you may have defenses to the lawsuit that will prevent the plaintiff from winning. Please feel free to contact me if you would like to discuss this further.

Re: Being sued and served a summons

Yes. A default judgment.

Re: Being sued and served a summons

When a plaintiff is unable to find a defendant despite good-faith efforts to do so, the court may permit her to serve the defendant by publishing a notice in a newspaper near the defendant's last known address. Such service is legally valid if the defendant properly obtained the court's permission beforehand.

As Messrs. Mickelson and Williamson have noted, it is quite possible that the plaintiff has obtained a default judgment against you. If she hasn't done so already, it is probably just a matter of time before she does. You should consult with an attorney to make sure your rights are protected.

Re: Being sued and served a summons

Yes, by substituted service or publication of service. Deal with it responsibly or face a default judgment.

Re: Being sued and served a summons

You can be served by publication. Then, the plaintiff will get a default judgment against you. Then, when you least expect it, your wages will be garnished or your house will be liened.

Service of the summons is almost a formality. My advice is to not avoid the service of the summons because you will pay later when you try to get the default judgment vacated.

You should seek legal counseling with respect to your rights and your obligations. Perhaps if you're proactive, you can negotiate a favorable result without spending a ton of money on legal fees. Feel free to contact us if you need help.

Re: Being sued and served a summons

Yes they can. They can "publish"