Legal Question in Family Law in California
I reside in So. CA and have for many years. On June 29, 2010, I walked into my local Superior Court House, asked one of the clerks behind the counter to make me my copies, and after she did I took them and then I left.
About a week later, On July 7, 2010, an officer from the Marshalls Office rand my doorbell, I answered with a friendly greeting, and she servrd me with the same exact copies I had picked up just one week prior.
Which date is the actual date that I was actually served? I have a few days left to file. Please help, thank you.
2 Answers from Attorneys
I'm assuming you mean the Sheriff's Office. The date of actual service is what matters, not the date you received copies informally by any method. I often send a courtesy copy of a complaint before serving it as a last ditch part of negotiations to avoid a lawsuit. That certianly does not constitute service.
What Mr. McCormick means is that we don't use a Marshall's service, as all the Marshalls were merged into the Sheriff's departments of the various counties about 10 years ago. But I notice that after zinging you with his amazing historical knowledge of the merger, he did not answer your question.
You were actually served on July 7, 2010, when the Sheriff served you. The fact that you were aware of the lawsuit before hand does not constitute actual service.
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