Legal Question in Real Estate Law in California

A Processor said that he served me. I can prove that he didn't.

I was served with a notice to vacate without being served with a summons. I went to legal aide and was able to block the notice to vacate for 2 weeks. I wa instructed by legal aide to get a copy of the proof of service.

At that time I found that the processor said that he served me on Aril 29,2003 at 7:50am. This not true and I can prove that I was at work on this date and at this time. I would likt to take the server to court to court and prove that he did not serve me. What are my reghts and what can I do?


Asked on 6/16/03, 1:13 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: A Processor said that he served me. I can prove that he didn't.

Does the proof of service say that you were served personally and at the residence? If so, it is almost certainly invalid. Otherwise, it may be valid because (1) you might have been served by other than personal delivery (e.g., service on another adult member of your household) or (2) you might have been served at work.

If the service is invalid, there are specific steps that you must take, and certain things you must not do, to cause the proceedings against you to be halted.

Any such halt will likely be temporary, because you will just be served again. If your lease contains an attorney fee clause, you will be generating a large additional claim for damages in the form of the landlord's fees and process-serving costs.

All in all, unless you have another defense, it may be a bad strategy to fight service of process. Among other things, judges do not smile upon defendants dodging process servers.

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Answered on 6/16/03, 1:32 pm


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