Legal Question in Personal Injury in California

I was involved in small accident, person promised to take care of it, and i just got his DL info, i forgot to get insurance info and i even forgot to write down the license plate number of his vehicle. The person never called me and when i called him he wouldn't pick up. He also moved from the address that was on his license. I sent him the letter to appear to small claims court to his old address hoping new people who live there will give the letter to him, but they claim they don't know him. If he doesn't show up at court...next month...will i win the case and police or DMV will start looking for him? Even thou i have no evidence of him receiving my letter to appear, nor the info about the car he drove or even that accident ever happened...?


Asked on 6/23/10, 12:08 am

1 Answer from Attorneys
Curt Steindler

When you sue someone, even in small claims, that person needs to be served with the summons and complaint. Generally this means that the summons and complaint needs to be personally given to the defendant by a process server. Sending a defendant a "letter to appear" by mail is not the same as service of the summons and complaint. So, no, you shouldn't win your case next month. It is also very possible that your case will be dismissed.

However, you may be able to try again, that is, do some research to actually find this person and then refile your case and serve him. You might consider having the sheriff do the service.

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Answered on 6/23/10, 7:27 am


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