Legal Question in Civil Litigation in California

Is Proof of Service Required When an Attorney Notifies a Former Client of His Ri

I am contesting some charges made by my ex-attorney with whom I am most dissatisfied. Prior to filing suit against me in Small Claims Court for payment of these charges, attorneys in California are required to notify the clients, using a specific form, that they have a right to arbitrate. My attorney claims he did this (by mail) but I never received it, even though we both live in the same tiny town. Question: is the attorney required in any way to prove that he sent this notice (by certified mail, etc.) or will the courts just take his word for it if he shows up in court with a copy of it and claims it was sent?


Asked on 2/25/00, 4:50 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Is Proof of Service Required When an Attorney Notifies a Former Client of Hi

No certified proof is required. He may provide a proof of service that was signed by someone in his office stating that they sent it to you. However, Arbitration is just a formality and probably wouldn't have got you anywhere. Good luck at court.

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Answered on 3/08/00, 2:15 pm


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