Legal Question in Civil Litigation in California
summons
I was served a summons by fax for a relative who does not live with me. Is this summons valid?
Thank you.
2 Answers from Attorneys
Re: summons
No. A fax is simply not valid!
A civil summons in California has to be served on you in person at your home. It can also be left at your office with the person in charge and then mailing a copy to the office. It can be substitute-served on a person 18 and over living in your house or in charge of your office if the server, after being "reasonably diligent," cannot find you, that usually means after 2 or 3 attempts.
The other method of service is to send you a copy of the summons and complaint by mail and you acknowledge the receipt of it by signing a form and sending it back.
Liem Doan, Esq.
Re: summons
No the service is not proper. There are only a few methods in which service is proper and legal and they are: In person, by leaving a copy at their place of work and then mailing a copy to them, by Notice and Acknowledgement of Receipt or by certified mail. However, I would notify this relative that someone is trying to serve him. If they have left copies at places they believe he works they might have been able to file the proof of service and he only has thirty days from the date of service to file and serve his answer. Even if he believes the lawsuit contains false facts or is bogus, he cannot ignore it. If he does nothing, whomever is suing him automatically wins and they will begin to collect the judgment. If he needs help dealing with this matter or needs advice on what he needs to do, he is welcome to contact my office for a free consultation. My toll free number is 877-546-9918 or he may email me at [email protected] and leave his name and number, and I will call him. I hope that everything works out. If he doesn't call me, have him talk to a lawyer so that his rights are protected and he doesn't end up losing the case before it begins.
Sincerely,
John Hayes, Esq.