Legal Question in Real Estate Law in California

Re: Serving Summons

You can always be served by publication and would probably be defaulted and lose the case. I suggest you get a copy of the complaint. We can help you here, even though you live out of state. We will need to review the lawsuit and then can discuss you defense and causes of action. Please contact us at 714 363 0220.

Re: Serving Summons

in san Diego must serve within 60 days, and can get extensions. Be cautious, there are ways other than individual service to serve someone.

Joel Selik

San Diego and Las Vegas

JOEL SELIK

Attorney at Law

CA Real Estate Broker

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

CONCENTRATING IN ELDER ABUSE, LITIGATION AND COLLECTIONS

Personal Injury, Contracts, Tax Matters, Business,

Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice

Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

Re: Serving Summons

There is actually kind of a double deadline. The first one, the 60 days with easily-obtained extensions mentioned by Mr. Selik, is intended to keep cases moving and reduce trial delays.

In addition, there is a final drop-dead date of three years from filing provided in Code of Civil Procedure section 583.210(a). The main purpose of this deadline is to provide a cut-off for addition of defendants to, or identification of "John Doe" defendants in, an on-going case.

In most cases involving ownership or possession of real property, a "lis pendens" is recorded and then served by mail on the defendants. You may be able to obtain information by phone or on line regarding a lis pendens on your property.

You can also (in some but not all counties) find out about filed lawsuits on line; otherwise, the clerk of the civil division MIGHT be able to locate a filed but not served suit based on the defendant's name; inquiry by plaintiff name may be easier.

As Mr. Selik pointed out, service, especially out-of-state, can be done other than by personally hand-delivering the summons and complaint to you.