Legal Question in Civil Litigation in California
Prosecute process server
am being sued for unlawful detainer. All charges are fabricated and lawyers are acting improperly. Plaintif filed proof of (personal) service by a registered process server. I was never served at all, I did learn of the case when court sent me a heads up notice of the case being filed. I have already filed an answer and realize I gave p my riht to file a motion to Quash, but I am realy angry about the false proof of service that was filed. Is there anything I can do to bring charges against them for their lies? I would really like to see that justice be done and they not get away with this fraud.
Thank you for being here,
Lok forward to your response
2 Answers from Attorneys
Re: Prosecute process server
Quite frankly, I am having a little difficulty believing your story. Complaints in eviction lawsuits are filed under penalty of perjury and a process server is not going to risk his/her career and license for a $50 fee.
Even if true, you have not been harmed because you filed the Answer and have preserved your right to a hearing/trial.
If you feel you have enough evidence for perjury charges, you call always contact the district attorney's office and request an investigation.
Re: Prosecute process server
Hello.
1. You may have experienced what is called a "sewer service" which got its name long ago from saying the service was made, but thrown in the gutter.
2. "Beating" a sworn proof of service is VERY difficult.
3. You got your answer in on time, so your energies are better served [pun intended] by defeating the landlord's claims against you.
Good luck
Regards,
Mark Geyer
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