Legal Question in Business Law in California

serving a summons

A Sheriff from the state of Florida delivered a copy of a summons to me in the state of California. He asked me to give it to my sister-in-law. I said I would when I saw her and that was 3 days ago. She doesn't live here, she hasn't been in touch recently, and I don't know how to get her..so my question is..I did not sign anything or give any identification to the sheriff. How do they prove when and if they gave me this paperwork? What are the repurcussions to my sister-in-law if she does not receive this complaint through circuit court by the 20 days listed? It has been more than 20 days from the date it was filed until now so what will happen? Do I need to find a lawyer for her in her absence? If a default is entered against her and she has no knowledge of the summons how does deal with that? What are the results? Thanks


Asked on 11/02/06, 1:14 am

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: serving a summons

Your sister should contact a lawyer in FL immediately to determine if this method of service on a FL summons is legal, especially if she doesn't live with you.

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Answered on 11/02/06, 1:57 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: serving a summons

Your question is about Florida law but you posted it as a California question. I suggest re-posting as a Florida question so that attorneys familiar with service and default requirements in that state will see it.

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Answered on 11/02/06, 2:57 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: serving a summons

What was a Florida sheriff doing in California? Is it a Florida lawsuit, or was the summons issued for a case in California? These questions would bear upon whether California or Florida law is applicable here.

In California, when a peace officer or a registered process server files a proof of service with the court, he signs the POS under penalty of perjury, and that raises a rebuttable presumption that the things stated in the POS are true. Service on an adult member of the household is the equivalent of personal service. If your sister-in-law were not a member of the household, the right thing to do would be to tell the sheriff she doesn't live here and refuse to accept the tendered papers.

Further, in California at least, resisting or delaying service is not recommended, as the person to be served can be held liable for the extra costs of service even if she wins the lawsuit.

I don't know about Florida, but there tends to be some similarity in service of process laws from state to state because they are all subject to federal due-process and fairness law.

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Answered on 11/02/06, 12:22 pm


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