Legal Question in Credit and Debt Law in California
Proof Of Service Wrong-doings...
Hello. I live in California. On 4-29-9 I called a bill collector to ask to make payment arrangements. I was informed by the bill collector that I had a court date on 5-5-9 and that I had been served properly with court papers.
Well after some investigation I came to find out that someone served some papers to my 15 year old daughter at my house (around 4-10-9). According to the bill collector they had served me papers at my job and that a copy of the Proof of Service was mailed to me. I have yet to receive a copy of the proof of service and the papers are nowhere to be found.
So here is the 5-4-5 and I want to know how do I tell the judge that I was never properly served with papers. And to either postpone or cancel the lawsuit until I have been properly served.
Thanks.
2 Answers from Attorneys
Re: Proof Of Service Wrong-doings...
It sounds like service at your job might have been proper. Service on your 15-year old daughter was not.
You might be able to check the court docket online and see what is scheduled for 5/5. You can file a motion to quash service, but that will only delay the inevitable, as you received the papers from your daughter. You are required to file and serve a responsive pleading (including an answer) within 30 days of service of the summons and complaint.
Re: Proof Of Service Wrong-doings...
What was the outcome of the hearing? Do you know? If you would like representation in this matter, feel free to contact us.
Yours truly,
Bryan
619.400.4929
877.201.8728
Becker Attorneys
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