Legal Question in Civil Litigation in California

My friend served a Summons and Complaint, Unlawful Detainer and Prejudgment Claim of Right to Possession. After it was served, we realized it should have been served by a Sheriff, Marshall or Process Server because of the Prejudgment form. Do I need to start the process all over (filing with the court) or can the forms be reserved by a Process Server, Marshall or Sheriff? Now just think, I was trying to save money and may end of spending more.


Asked on 1/30/11, 3:40 pm

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

Depends on the dates on the summons. Usually unlawful detainer merely provides the person with 5 days to respond which is based upon when it was served. If dates do not need to be changed then there is no need to redo the filing.

I don't know if it must be served by a process server but it probably is a good idea.

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Answered on 1/31/11, 1:01 am


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