Legal Question in Civil Litigation in California

''Properly Served'' in California?

After receiving a judgment in my favor in Small Claims Court the defendant filed a Motion to Vacate, stating that he did not receive notice. The defendant separately claims that the papers were left on the back of the couch where he did not see them (although he cashed the check which was stapled to the envelope). He seems to feel that the words ''You have been served'' are critical to proper service, as the Small Claims packet instructs the server to use such words. Q. What is critical to proper service?


Asked on 12/17/08, 7:01 pm

1 Answer from Attorneys
Stephen Petix Quinton & Petix

Re: ''Properly Served'' in California?

See Sections 414.10, 415.10, and 415.20 of the California Code of Civil Procedure, which define who can make service of a summons and how service can be made on an individual.

These statutes are available online through the State of California website.

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Answered on 12/17/08, 8:23 pm


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