Legal Question in Civil Litigation in California

Subpena Service

We lost a judgement and have been unable to pay. It's a large one. Our bank accounts have been levied several times. We now have to go to court again because we found a subpena stuck in our door to appear on an ''examination of assets'' order. I have read in the Calif. Code that we have to be served personally.(That's if I am reading it right). Is that true or is it considered being served by leaving it in the door? It wasn't handed to us in person and we haven't been notified by mail that we were served in any other way. I think we get a copy of ''proof of service'', don't we? Thank you in advance to your answer.


Asked on 7/28/05, 7:42 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Subpena Service

Yes, you have to be served personally with an Order to Appear for Examination. Chances are, though, that the Plaintiff's lawyer will have his process server say you were personally served, even though he just stuck it in the door. If you don't challenge service, they may go into court on the false proof of service and have a warrant issued. Good Luck.

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Answered on 7/28/05, 7:49 pm


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