Legal Question in Civil Litigation in California

Being sued

I was being sued from a party,one attempt that I know of was made to serve me,its now been over 60 days,my understanding is if I'm not served within 60 days,the suit is void.how can I find out if the lawsuit is still active without calling the party up.


Asked on 3/29/03, 2:17 am

3 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Being sued

Actually, the rule you are referring to only means that the plaintiff has to show up in court and explain to the judge why you have not been served yet; i.e. he was not home, can't find him, etc. So long as the plaintiff keeps coming up with excuses, he can continue the lawsuit in active status for 2 years. Note that process servers aften lie and say they served you when they did not. Also note that if the plaintiff can show you knew about the lawsuit, even though you were not technically served, then a default judgment against you will stand. Playing "Let's hide from service" is an extremely risky game to play. I have never seen anyone benefit from playing this game. Legally, now that you know about the lawsuit, you have a duty to respond, even if service has not been proper.

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Answered on 3/30/03, 12:28 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Being sued

Wrong. If you are served in a lawsuit, consult a lawyer.

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Answered on 3/29/03, 3:34 am
Sandee Chadwick LAW OFFICE OF SANDEE L. CHADWICK

Re: Being sued

In Superior Court, the plaintiff in a lawsuit has 60 days to serve the defendant(s). If the defendants are not served the suit is NOT automatically "void." Several things may happen, one includes that the plaintiff get default judgment against you in the whole amount and you aren't there to defend yourself.

The Los Angeles Superior Court (and many other counties) have records on line. You can go on line to see what documents have been filed in the action and about upcoming hearings. The site is NOT always accurate, but is a beginning.

All that said, avoiding being served will not make the suit go away and I agree that you need to see an attorney to protect your rights.

Hope that helps.

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Answered on 3/29/03, 10:29 am


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