Legal Question in Civil Litigation in California

False Statements

A process server filed with the court that he personally served me, and the law firm filed a default because there was no answer to the summons. The processer did not serve me and I filed a motion to quash. I want to take legal recourse and file a lawsuit...where do I start?


Asked on 9/28/06, 3:15 pm

2 Answers from Attorneys
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: False Statements

The first question is whether you have been successful in overturning the default against you. If not, an abuse of process claim against the process server and the lawyer may not get far.

Read more
Answered on 10/02/06, 1:06 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: False Statements

Process servers are indeed liable if they falsely state that service was effected. Where do you start in filing a lawsuit? That you asked that question is a pretty good sign that you don't know how, and you could use professional legal help, for example in attempting to have the default set aside. You only get one shot at having the default set aside, and if your do-it-yourself "motion to quash" doesn't do the job... well, you should have gotten a lawyer.

Read more
Answered on 9/29/06, 10:52 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California