Legal Question in Civil Litigation in California

What do I do with this summons?

Served with a summons for my xhusbad who I haven't seen in years. Not filed with the court or clerk of court stamp, proof of service blank. Issue is on debt owed which I bk'd and was discharged. He is the only directed defendant. Am I suppose to answer? He is the one being served and he has no knowledge or will have. I think I am being harrased.


Asked on 4/20/09, 8:06 pm

1 Answer from Attorneys
Russell Kohn Kohn Law Office

Re: What do I do with this summons?

It appears from your description that they have attempted to serve your ex by substitute service, which is done by leaving the documents with someone at the defendant's home. You may want to inform the plaintiff's lawyer that your ex does not reside with you, and thus substitute service at your home is not valid service on your ex. Check the complaint, and ask the plaintiff's lawyer to confirm, that you are not a defendant in the lawsuit. If not, you do not file an answer.

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Answered on 4/22/09, 4:44 pm


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