Legal Question in Civil Litigation in California
CA Small Claims Court
I sold LA Lakers tickets in Los Angeles, CA with a value of $800.00. The tickets were sent to the buyer via registered U. S. mail. Upon receipt, the buyer signed for the package, even through there was a notice from the post office that the package had been opened in transit. The buyer claims he never got the tickets.
Subsequently I was served with a summons for Small Claims Court. The summons was delivered to my house mate, as I was not home at the time. My house mate did sign a receipt for the summons.
Two questions.
1. Was the summons delivered properly? In other words, I did not sign for it. But is it still valid because my house mate signed for it.
2. If I appear at Small Claims Court can I be held liable if the buyer signed a receipt for the Registered package from the U. S. Post Office then later claimed he did not get the tickets?
Please advise. Thanks.
1 Answer from Attorneys
Re: CA Small Claims Court
I thought scalping tickets was illegal. It sounds as if he is suing you for something that is illegal.
1) If he has attempted to serve you several times, and served your "housemate" then this may be a valid substituted service. This would have been coupled with a mailing of the papers to you. Any challenge that you make to the service is a waste of time, as you did receive the papers, and thus have notice of the hearing.
2) Resolution of your second question depends on my initial comments, and additional facts. I would advise you to speak to a small claims advisor in your area.
Very truly yours,
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