Legal Question in Family Law in California
Judgement before Being Served.
I had a judgement filed by the DA & granted by the court on a child support case, But I was never served. They (DA) served my son (age 17) at the home of my former wife, and I was not aware of this until 6 months later.
Now I've gone to the DA's office in a different county and requested to be served and asked for a "Blood test".
My question is: "Can the court grant a judgement on someone without being first served ?
This child was born 15 years ago, my wife & son never knew about this child.
Now I'm out of the house wife & especially son will not speak to me.
I need some direction to go in
Thank you.
1 Answer from Attorneys
Re: Judgement before Being Served.
I would need more facts to give a definite analysis.
In general, if you were actually not served, the judgment is void. You can
bring an action to set it aside. If the service might be okay, but you received no
actual notice, you can attempt to have it set aside, but must act quickly after learning of
the existence of the judgment.
Normally, serving a 17-year old at a place where you did not live at the time is not valid service.
However, if you had actual knowledge of the action, the judge may decide not to relieve the default.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
