Legal Question in Civil Litigation in California

Proof of service

I just found out a company filed a lawsuit against me, I was not served, the documents were left on the outside of my house, they apparently were left when nobody was home.I have not received any documentation from plaintiff's attorney, however he did filed proof of service with the court.

What should I do?

Wait till they file a default of judgement, and then file for the judgement set aside due to improper service.

Or should I request a hearing & request documentation & challenge the legality of the way the summons was served.

I appreaciate your help!


Asked on 2/27/09, 1:34 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Proof of service

Respond to the lawsuit within 30 days. Don't play service games and don't default. Don't attempt to act as your own lawyer, at least not before you have consulted one. Some lawsuits can be defended without cost to you by your homeowners', renters', or auto insurance carrier.

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Answered on 2/27/09, 1:41 pm
Adam Telanoff Telanoff & Telanoff

Re: Proof of service

Do not ignore this complaint.

You need to deal with it, and you should talk to an attorney about the entire case.

You can file a motion to quash, but unless you have a good reason to challenge the court's jurisdiction, you should probably just answer the complaint and deal with the case.

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Answered on 2/27/09, 1:57 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Proof of service

After the attorney takes a default, you might end up spending a lot more on a motion to set aside default, and there is a risk. You should hire an attorney.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 2/27/09, 2:40 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Proof of service

After the attorney takes a default, you might end up spending a lot more on a motion to set aside default, and there is a risk. You should hire an attorney.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 2/27/09, 2:40 pm


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