Legal Question in Civil Litigation in California
Proof of Summons
I was hand delivered a summons by a man who claimed to be a courier. The proof of summons sheet was attached to the complaint packet & not filled out, just blank. Isn't he required to fill this out & give it to me?
He furthermore did not ask for me to sign anything to verify receipt.
How will there be any proof to the court that I was served the summons when the proof of summons POS-010 form is filed?
3 Answers from Attorneys
Re: Proof of Summons
The process server fills out a proof of service after the fact, returns it to the attorney who files it with the court.
A reminder -- You have 30 days from the date it was handed to you to file a responsive pleading -- i.e. a demurrer, motion to strike and/or answer. Please let me know if I may be of further assistance.
Re: Proof of Summons
The courier has to fill out a proof of service and then the plaintiff has to file it with the court. The courier does not have to give the defendant a completed form at the time of service. After all, a form he hands to the defendant would be unavailable to the court and thus could not be used to prove anything.
Re: Proof of Summons
You were served now you need to resond. Contact me directly.
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