Legal Question in Credit and Debt Law in California
Mercedes Financial filed a lawsuit for my husband not finishing the LEASE of a vehicle and they filed breach of contract with LIMITED CIVIL LAWSUIT, they left the summons without an envelope in front of my house from a guy who served it, he din't get any signature,, is it a legal service based on the type of case????I was there and was giving me the court papers and I denied that I know my husband and did not sign anything, will it be considered by court as valid service that i need to respond right away???
1 Answer from Attorneys
It COULD be considered valid service if the process server signs a proof of service under the penalty of perjury. Although direct personal service is always preferred, this type of services is often used when the defendant isn't available. After a certain number of attempts, the process server can deliver the documents to any adult in the house so long as they fulfill a few other requirements.
Do not count on the court to automatically review the proof of services for validity. If your husband does nothing, Mercedes might rely on the proof of service and apply for a default and there wouldn't even be a trial.
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