Legal Question in Family Law in California
I live in Santa Clara county ca. In Family Court what are the guidelines when serving someone by mail? The letter was sent by my ex's attorney to me. It is stamped by the post office on the 14th. Court was held the 16th at 1:30. I did not recieve the proof of service by mail until I arrived home. Is that acceptable?
2 Answers from Attorneys
No, that is not adequate service. You need to file a motion to have whatever was done on the 16th undone, and you should probably ask for sanctions against the attorney as well.
I'm not sure I understand what you mean by receiving the proof of service. Service by mail is complete at the time of deposit. If the date of postal cancellation or postage metering is more than one day from the date claimed to have been mailed in the proof of service, then the service is invalid.
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