Legal Question in Civil Litigation in California

Time limit on properly serving summons

My son was at fault in an accident about 3 years ago. We both share the same first & last names. His full name was on his license and we lived @ the same address @ the time of the accident. He has since moved. About 2 years after the accident, a summons was served at my address, addressed to the first and last name only. Since I had just been rearended, I assumed it was for me. When I realized it was meant for my son, I informed the court, the clerk told me that my being served would serve the same purpose as if he had been served. DMV has since suspended his license(full name used).He was never actually served or notified of actions being taken in his case, and I contacted the proper parties as instructed on the papers. Is there a time frame for properly serving the person named in a case? I apologize if I have managed to totally confuse you! Thank you for your time and consideration regarding this mess!


Asked on 6/20/06, 3:48 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Time limit on properly serving summons

Generally the time to get a party served MUST be less than 2 years from the filing of the action. Most Courts require service within 60 days of filing under fast track rules.

Your son WAS NOT served. You need to turn the matter over to your SONS insurance company [the company at that time] immediately. A judgment will end up if you do not act quickly. With both of you named the same, a person with that name ws served--unravelling that will be very uncomfortable if you do not act quickly. Generally 30 days after service to file papers saying there is no fault, etc. contact your insurance company and they will hire a lawyer for yor son for free.

Regards,

Mark Geyer

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Answered on 6/20/06, 11:15 pm


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