Legal Question in Civil Litigation in California

I have been sued in Contra Costa county of CA by American Express. Have moved out of state and have discovered online that a OSC: FAILURE TO FILE PROOF OF SERVICE BY PLAINTIFF has been scheduled. I have never been served. What is this hearing about and do I have to do anything?


Asked on 11/06/09, 5:44 am

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

This is actually somewhat of a good news for you. Basically, when the plaintiff sues, he/it has to serve the defendant named in the complaint within 60 days (according to most courts' rules). If the defendant isn't served, the court schedules a hearing at which the plaintiff has to explain why they didn't serve you yet. You don't need to appear, but it would be good to find out what the court orders at that hearing.

Thanks,

Arkady Itkin

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Answered on 11/11/09, 5:53 am


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