Legal Question in Civil Litigation in California
I grew up in Los Angeles, but I live in a rural part of a third world country (I'm one of those grungy nonprofit/save the world people). Someone back in Los Angeles wrote me that he's filing a frivolous lawsuit against me and that he mailed the documents to my area, but they don't deliver the mail to people's addresses here, and the place where I live doesn't even have an address, so there's no way that the documents could get to me regardless. I don't want to have to deal with the lawsuit and I definitely won't be flying from my area to LA just for this case--can I just say that I was never served with the paperwork, or do I have to do something else to avoid any drama?
1 Answer from Attorneys
Avoiding service is not a way of dealing with a lawsuit. It will just result in a default judgment against you that you will eventually not be able to set aside.
You don't provide much detail and talk in a conclusory manner. For example, you state that the person told you that the lawsuit was frivolous. It sounds as though you are drawing the conclusion that the lawsuit is frivolous (which may or may not be true). I seriously doubt that he called you and told you that he was "filing a frivolous lawsuit" against you.
Other parts of your story are inconsistent, such as saying he wrote you, but that they you don't get mail.
You really should consult with an attorney. It is better to review the matter thoroughly and deal with it in a legal matter rather than running away from the problem.
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