Legal Question in Family Law in California
What are my Rights?
I would like to know what my rights are in regards to being served papers for child support? I have no children of my own. I have the same last name and I am related to the person that they are trying to serve, however, they continue to harass me, trying to serve the other person, who never has and never will live in my home, yet, they say that he has been served because they served me. They said that they are serving me in lieu of him. Can they do this? Is this legal? Do I have any rights as an innocent bystander, who just happens to have the wrong last name, to put an end to it? Is there anything I can do about this to stop the harassment? They know he don't live here, but, they cant get a hold of him, they also know that I am not the person they want, but, yet they still come to my home and throw their papers into my house, and I pick them up and throw them in the dumpster. Am I liable for this?
1 Answer from Attorneys
Re: What are my Rights?
If your name is not on the papers you are not liable for anything. However, the other party will probably take orders based upon an erroneous proof of service. If you know where the person that they are trying to serve is, then send them to him, he will want to protect himself against an errant judgment. If you don't know where he is and your name is on the pleadings, then you have no problems. You might be able to sue for harrassment, but it probably isn't worth the hassle, your damages aren't that great, like you said you just throw the papers away.
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