Legal Question in Civil Litigation in California
I'm not sure how a summons from the Superior Court of California made its way to me, without me being served or a copy in my mailbox, is this proper service and what will happen to the civil suit, even though a trial date has been set?
4 Answers from Attorneys
You're served. Or else you were served and defaulted a long time ago, and you just now opened your mail. 1. Look the case up on the county court website if possible. 2. If the subject matter could possibly be covered by your homeowners, renters, or auto insurance, contact your carrier. 3. Otherwise, consult a lawyer in person.
Whether you were properly served depends upon how the summons reached you. Without that information, there's no way to know. But you do have it, and the court evidently believes you have been served.
In principle you can challenge the service, but to do so you would have to swear under penalty of perjury that you weren't properly served. It seems you cannot do that.
It may still be possible to preserve your rights, but you must act quickly. As Mr. Stone suggests, that means consulting directly with a lawyer instead of relying on this website.
You don't know how you got a summons? You woke up one morning and it was in the refrigerator behind the milk?
Where do you people come up with these stories?
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