is this legal? do we have to "accept" these papers? doesn't a process server have to serve the person listed?
2007-07-25 12:03:37 · 9 answers · asked by phoenix rising 2 in Politics & Government ➔ Law & Ethics
It is not legal. The papers should be served on you. Under the rules of Civil Procedure, they might be able to hand the papers to a family member, but that person would have to be an adult. You need to watch this closely. If you don't answer, they may try to get a default judgment. File a motion to dismiss for failure of service of process. Go to your court website and monitor this case. If a certificate of service is filed, you need to take action to get it set aside. The process service will probably claim you were served and you need to be able to counter that with a motion to dismiss. This is the law of my state, but the rules of civil procedure are pretty uniform. If you live in California, you do not have the same rules. Call a local attorney and ask for advice over the phone. Just ask this same question and the attorney would probably tell you for free. Your state bar office will also probably give this kind of simple legal advice by phone. EDIT: happy to see the answer from California. I was afraid it was different from the other states. Glad that was explained.
2007-07-25 12:17:30 · answer #1 · answered by David M 7 · 2⤊ 1⤋
That was not a legal service. Call the number for the lawyer on the summons and tell them that the process server didn't do his or her job, so they can re-serve it to the proper person.
2007-07-25 12:10:49 · answer #2 · answered by Hillary 6 · 1⤊ 1⤋
He didn't make proper service. However, do report on the day indicated and let the judge in the case know this. He can initiate action to have the process server's license put into the shredder.
2007-07-25 12:07:35 · answer #3 · answered by desertviking_00 7 · 1⤊ 1⤋
I used to work for the court in California, and I know these proof of service forms well and the code sections, and they say must be 18 years old and competent member of the household, that isn't the case here. I doubt it would differ much in other states. This was a sub-serve, and in California falls under Code of Civil Procedure 415.20(b) which says:
415.20. (a) In lieu of personal delivery of a copy of the summons
and complaint to the person to be served as specified in Section
416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by
leaving a copy of the summons and complaint during usual office
hours in his or her office or, if no physical address is known, at
his or her usual mailing address, other than a United States Postal
Service post office box, with the person who is apparently in charge
thereof, and by thereafter mailing a copy of the summons and
complaint by first-class mail, postage prepaid to the person to be
served at the place where a copy of the summons and complaint were
left. When service is effected by leaving a copy of the summons and
complaint at a mailing address, it shall be left with a person at
least 18 years of age, who shall be informed of the contents thereof.
Service of a summons in this manner is deemed complete on the 10th
day after the mailing.
(b) If a copy of the summons and complaint cannot with reasonable
diligence be personally delivered to the person to be served, as
specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may
be served by leaving a copy of the summons and complaint at the
person's dwelling house, usual place of abode, usual place of
business, or usual mailing address other than a United States Postal
Service post office box, in the presence of a competent member of the
household or a person apparently in charge of his or her office,
place of business, or usual mailing address other than a United
States Postal Service post office box, at least 18 years of age, who
shall be informed of the contents thereof, and by thereafter mailing
a copy of the summons and of the complaint by first-class mail,
postage prepaid to the person to be served at the place where a copy
of the summons and complaint were left. Service of a summons in this
manner is deemed complete on the 10th day after the mailing.
She could do a motion to quash service of summons on this in CA.
2007-07-25 18:12:04 · answer #4 · answered by Maisy 3 · 1⤊ 0⤋
no you don't they must be handed to you ...not anyone else...its even worse it was handed to a minor...check with a legal aide..and they should tell you the same..you can say you ever got them at all...and when the server is questioned by the judge,,,whom did you give the papers to?? if it wasn't YOU .he can be in serious trouble...with the judge and who sent them to be served be cause the judge can actually toss it out
2007-07-25 12:09:28 · answer #5 · answered by nas88car300 7 · 1⤊ 1⤋
In most states (such as California), the papers can be delivered to any responsible party who is present at the location where the target may be found. You could make the argument that a minor is not a "responsible" party, but I don't know if the judge would buy it, because you did end up getting the papers.
2007-07-25 12:35:18 · answer #6 · answered by Anonymous · 1⤊ 3⤋
No, you have been legally served. My husband was served papers and his son answered the door and he was only 16 at the time. Perfectly legal. You need to quit trying to find ways to get out of your legal mess.
2007-07-25 12:10:53 · answer #7 · answered by Ryan's mom 7 · 0⤊ 3⤋
I always thought that they had to put them into the persons hand that was being served. Call your county clerks office and ask them.
2007-07-25 12:06:33 · answer #8 · answered by Renka 2 · 0⤊ 2⤋
ya as far as i know they have to be given to you, so you can now say you never got them
2007-07-25 12:06:19 · answer #9 · answered by Mr. Self Destruct 3 · 1⤊ 2⤋