Legal Question in Civil Litigation in California

I was never served though they say that I was.

I was being sued by a woman whose son attempted to run across a traffic filled street and instead, ran right into the side of my car. He claimed that he was fine and just wanted to continue on to school, and he was also cleared by the paramedics. He and his mother both refused to go to the hospital. I gave her my phone number because I felt that it was the right thing to do. A little over a year later I got a call from an attorney telling me that I was being sued. He then faxed me a copy of a request for entry of a judgement against me along with a paper signed by someone else claiming that he attempted to serve me on three different occasions, several months earlier. The server had also signed a paper swearing that he eventually left the papers with a relative who answered my door, and in my supposed absence, accepted the papers from him. This is absolutely not true, not to mention the fact that I have no relatives at all that would have been in my home other than my three children who are all under the age of 13, and never left alone. I have spoken with an attorney who has made me feel like there is nothing I can do. I have never received any papers. Can I do anything?


Asked on 3/06/01, 12:44 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: I was never served though they say that I was.

The proof of service should state the date and time of the alleged service. Review your canledar and determine where you were and what you were doing on that date. If you were not home and the children were talk to the person that was with them about the alleged service.

Determine whether there are any witnesses that can testify where you were on that date at that time. You should be able to get the default set aside. You must however act very quickly. There is a provision that you can set aside the default for excusable neglect inadvertance etc within 6 months after it is entered. Delay in taking action to set aside the default may result in the court denying the motion.

Your insurance company attorney should take care of this for you.

Read more
Answered on 5/11/01, 3:25 pm
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: I was never served though they say that I was.

Turn this matter over to your insurance company immediately!

Read more
Answered on 5/11/01, 9:25 am


Related Questions & Answers

More General Civil Litigation questions and answers in California