Legal Question in Civil Litigation in California

I became aware of a Summons and Complaint filed against me for $25,000. However, I was not personally served. The proof of service states that I was personally served. The process server's 'notes' describes a small man with dark hair, dark eyes and skin and thin...I'm a blond haired, blue-eyed, tall, fair-skinned man. I wish to file a motion to quash because I want to buy some time and also feel that the proof of service is obviously false.

Evidently the process server did walk next door and knocked on my door and handed another copy of the summons and complaint to my wife but he never reflected that he served by substitution my wife - didn't note her name and there is no description of her in his notes.

What are my odds of perhaps getting my Motion granted?


Asked on 9/17/10, 6:16 pm

2 Answers from Attorneys

Rather than filing a motion you might lose, I'd contact the opposing attorney, explain his process server's error (leaving out the part about your wife getting a copy) and tell him if he will mail you the Summons and Complaint with a Notice and Acknowledgement of Receipt, you'd be happy to sign and return the acknowledgement. That will get you 50 days to answer (20 to return the N&A of R plus 30 to answer after you return it). If he refuses, THEN file your motion.

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Answered on 9/22/10, 6:28 pm
Daniel Bakondi The Law Office of Daniel Bakondi

If you retain myself or other counsel, the attorney may be reasonable, and give you time to respond. I have dealt with similar issues and am happy to help.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 9/22/10, 9:22 pm


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