Legal Question in Civil Litigation in California
Mailing Proof of service docs from different city....
my brother is being sued and lives in Northern CA. (95631) He is doing this ''in pro per''....I so agree with all of you that he needs to find an atty. I am NOT representing him and I am NOT an atty but I am helping him by typing up the spec interrogatories (I am following the plaintiffs format/changing the questions as needed). I am NOT a party to this lawsuit although there is a slight possibility that I may be called as a witness.
Question:I live in SoCal. (92505) I will mail him the interrogatories for him to sign and include an addressed/postage paid envelope to 2 people on the plaintiff side. (I think I'm answering my own question).I was planning to sign the proof of service since they would be served by certified mail but since he has to sign the paperwork and switch envelopes, the chain of process is broken.
Sorry,I know it's a stupid question. He lost his job, has no computer, in over his head on this case (his family got caught btwn an embezzling mother(paralegal, est/ trusts) & a greedy 3rd party)both who readily falsify documents). We have a fair defense. I have done most of the research etc.,it hit me hard today how much there is to do. Can someone help? Payment plan, not pro bono. Soap opera case, simple solution.
1 Answer from Attorneys
Re: Mailing Proof of service docs from different city....
I'm glad you realize a lawyer should be doing this instead of you. Your desire to help your brother is commendable, but you don't know what you're doing (as shown by the numerous questions you have posted recently). Your brother may not benefit much from your help if you don't know how to do these things properly.
Having said that...
The person who signs the proof of service ("POS") must be the one who serves the documents in the manner specified in the POS. If it says they were served by mail and if you signed it, then you must be the one who mails the documents to the listed recipients. You can't sign the POS if your brother is the one who actually mails out the responses. Additionally, because your brother is a party, he can't serve his own responses. He needs to have a non-party do this for him. That non-party can, but need not, be you.
You can speed up the process by emailing your brother the responses you prepare instead of sending them by mail. However, because the responses must be accompanied by an original, signed verification, he cannot email them back for you to print out and serve.
Bear in mind that the responses
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