Legal Question in Business Law in California

What is required to be served?

i'm being sued but for several months, i have not been served. i moved in with a friend and was impossible to find. the server then went to a mailboxes, etc. location where i have a box and left a copy there. i then got a letter from the lawyer saying i had been served and had 30 days to respond or be in default.

was i really served?

if i wasn't, how to i tell the court that it was not a real service?

i need to stall the process for 2 more months when i start a new job and can afford a lawyer...

thanks,

dan


Asked on 5/21/03, 4:41 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What is required to be served?

Yes, you were served.

California Code of Civil Procedure section 415.20(b) provides that if personal service is difficult after reasonable efforts the process server can "drop serve" you by leaving a copy of the summons and complaint at, among other places, the place where you get mail (other than a USPS P.O. box).

Find a hungry lawyer (there are lots of them) and explain your financial situation and see if you can talk him/her into filing an answer to prevent default while you get your finances back in order.

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Answered on 5/21/03, 4:53 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: What is required to be served?

Thank you for your posting.

To challenge service, you typically have to get a copy of the proof of service, and then file a motion to quash service with the court. Because the purpose of serving you is to give notice, most judges will consider you notified of the lawsuit by your appearance to fight the service.

Such a motion is not easy, but that is the way to fight service. You do want to avoid a default judgment any way that you can.

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Answered on 5/21/03, 9:26 pm


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