Legal Question in Landlord & Tenant Law in California
Unlawful Detainer Papers Served
How old does someone have to be to accept papers that being served to someone else? For example, my husband and I are being sued by our landlord for unlawful detainer. He had someone serve us but that person served the papers to our 8 year old daughter. Is there a legal age for this?
Asked on 11/07/06, 3:42 pm
1 Answer from Attorneys
Philip Iadevaia
Law Offices of Philip A. Iadevaia
Re: Unlawful Detainer Papers Served
Typically, the person served should be 18 or older, but the statutes say a competent member of the household. That would not ordinarily include an 8 year old. You will probably win a motion to quash (disregard) the service of the complaint, but that will cost you. Your best recourse would be to hire an attorney and answer the complaint. Good luck......
Answered on 11/07/06, 4:04 pm