Legal Question in Civil Litigation in California

How do you know if you've been served legally?

I woke up, walked outside and got into my car. As I was starting to drive off a person approach the car and through my closed car window ask me if my name was so and so. I started to roll the window down to reply and the person tried to stuff something into my window. I drove off and the paper flew away. I know that someone is trying to serve me but I never saw the document so I dont know if it was a subpoena or something else. I could be getting paranoid about it but any help with how a legal subpoena must be served would be appreciated.

Thanks!


Asked on 6/06/00, 1:00 pm

1 Answer from Attorneys

John Hayes The John Hayes Law Offices

Re: How do you know if you've been served legally?

In order to properly serve a defendant the plaintiff must either serve you in person, by leaving a copy at your workplace and then mailing you a copy or mailing you a copy with a paper which you must sign and return. Based on the situation you have described you have been served. The fact that they asked you your name and handed you a paper means that someone was served you. If you drove away that doesn't mean that they failed to personally serve you, it only means that now you don't know who is suing you. The best thing to do is to do a search of all of the counties in california to see where the lawsuit has been filed against you. Once you find this out, you can find out if a proof of service has been filed. If it has that means they filed a declaration stating they served you in person with the lawsuit, even though you did not accept the papers. If this is on file, you only have thirty days from the date that they served you to file an answer to the complaint. If you do not file an answer they can file a default judgement against you which means they automatically win. This can be overturned, but only 6 months after the default was file. I can help you do a search to see where the lawsuit has been filed against you in California. If a default has been filed I can also help you get it overturned. You should certainly consult with an attorney because you probably have a default judgement against you. One of these days you are going to receive a notice stating that they are taking money out of your bank account to pay off the judgment. I would be happy to speak with you about this matter. The consultation is free and there is no obligation to retain my services. You can reach my office toll free at 877-546-9918. If you don't call me, please call an attorney or you may loose your right to protect yourself. I look forward to hearing from you.

Sincerely,

John Hayes

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Answered on 7/25/00, 3:22 am


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