Legal Question in Business Law in California

have a service of lawsuit question

if a law firm sends a prospective defendant notice of pending lawsuit through certified mail but it never is signed and post office returns back.

is that still considered by court served!

when does the 30 days to respond ''clock'' actually starting ticking??

also on a physical service if someone hired come to serve but no one is at home is that considered served??


Asked on 9/24/08, 4:46 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: have a service of lawsuit question

Any number of games can be played with service. I suggest you contact the plaintiff's attorney and accept service. Avoiding or ignoring service only runs up the costs you'll be asked to pay, and ticks off the other side. If you have insurance for the kind of case this is, turn it over to them immediately. If not, then hire an attorney promptly. Feel free to contact me if serious about doing so.

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Answered on 9/24/08, 5:25 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: have a service of lawsuit question

Don't play service games. Unless the lawsuit is covered by auto or homeowners' insurance, you'll need to defend the lawsuit yourself which usually means you need to consult a lawyer right away so that your response is filed with the court within the 30 day time limit.

If this is a collection agency lawsuit, and the debt is over four years old or for some other reason you don't think you owe the money, my fees for these types of case are extremely reasonable.

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Answered on 9/24/08, 5:33 pm


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