Legal Question in Credit and Debt Law in California
Proof of Service? 30 Days from which date?
I'm being sued by a creditor. I've been disputing for quite some time with the creditor, their attorney and all three credit reporting agencies.
Papers were recently left on my front doorstep. They were left there wide open for everyone to see - not folded or in an evelope of any type. My mother was there when the papers were left, but wouldn't answer the door because she didn't know the man.
The papers he left weren't signed by anyone and I have not received any signed copies - or anything else in the mail since that time.
Questions:
1. Does this constitue legal service?
2. The papers say I have 30 days from service to respond. The papers were filed on 10/12 and left on my doorstep on 10/22 - which date does the 30 days start? This is important due to another pending suit against the creditor.
Thank you!
1 Answer from Attorneys
Re: Proof of Service? 30 Days from which date?
In response to your first question, leaving the papers on the front porch when someone refused to answer the door is not proper service. However, the process server most likely signed proof of service under penalty of perjury stating that service was proper. Because you hae actuall notice of the lawsuit, I suggest that you do not waste any time and resources fighting service.
With respect to the deadline to respond, I would assume 30 days to be safe. It wouldn't be unheard of for a process server to claim that you had been personally served.
Normally when a process server leaves the papers when someone else in your household, the must do a followup mailing. The 30 days start 10 days after the mailing. However, you shouldn't assuming anything.
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