Legal Question in Credit and Debt Law in California

Cross-Complaint just filed

Hi. Happy 4th of July.

I just filed a cross-complaint, and I see I cannot 'have-served' the cross-complaint and summons via mail (or this is what I believe), and it must be served in person.

If this is correct my question comes to this:

Can I 'have-served' the cross-complaint to the California office of the company I need to serve upon, as they originally filed their Complaint in my county in California, or must I 'have-served' my cross-complaint and summons in the state of the company's home office where this company is registered with that state's Secretary of State (which it is not also registered with the Sec. of Sate in California)?

Thanks for your help.


Asked on 7/04/08, 2:26 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Cross-Complaint just filed

Serve the plaintiff by mail at the address on the complaint. A cross-complaint against a corporation that is -not- already a party to the case would be personally served, with a summons, on the registered agent, which for most big companies is CT Corporation Services. Use professional process servers for serving summonses.

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Answered on 7/04/08, 4:11 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Cross-Complaint just filed

If the Cross-Complaint is against the Plaintiff, service is proper by mailing alone. You mail the Cross-Complaint to the same address used by the Plaintiff (on the Complaint) or Plaintiff's attorney.

If the Cross-Complaint is against a new party, then you need to obtain a Summons on your Cross-Complaint. It gets a bit more complicated at this point.

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Answered on 7/05/08, 5:43 pm


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