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View Full Version : I was not properly served a summons


heather7710
Jul 25, 2012, 06:18 PM
I was sharing a house with a couple of other people in California, I moved out in July 2007 and some how even though I no longer resided there, and was never notified of the court case at all, the owner still got a judgement against me in Nov 2007. I had no idea I was even being sued or had been sued, I only found out that he had won a judgement against me through my credit check last week. I can prove that I was not living there at the time. Any advice on how to proceed ?

JudyKayTee
Jul 25, 2012, 06:21 PM
I was sharing a house with a couple of other people in California, I moved out in July 2007 and some how even though I no longer resided there, and was never notified of the court case at all, the owner still got a judgement against me in Nov 2007. I had no idea I was even being sued or had been sued, I only found out that he had won a judgement against me through my credit check last week. I can prove that I was not living there at the time. Any advice on how to proceed ?


Someone could have been served in your place and stead, accepted service for you. You need to look at the file and find out who/when/where was served. The fact that you didn't live there doesn't mean that there isn't an allegation you were served somewhere else OR someone was served "for" you.

ballengerb1
Jul 25, 2012, 06:21 PM
Were you on a lease still in effect at the time of the suit? It really doesn't matter if you lived there or not, it matters only if you were on the lease, even a non-resident co-signer could be sued

AK lawyer
Jul 25, 2012, 09:16 PM
Were you on a lease still in effect at the time of the suit? It really doesn't matter if you lived there or not, it matters only if you were on the lease, even a non-resident co-signer could be sued

Here.

*Throws copy of Calfornia Code of Civil Procedure (http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html) at Ballengerb*

Show me. It would be, I imagine, in Title 5, Chapter 4.

ScottGem
Jul 26, 2012, 04:01 AM
There are two issues here. One whether service was done properly. And it you check the link AK posted there are a variety of ways that service might have been done properly and you might not have been informed.. The other is whether they had a right to sue. To answer the second, we would need to know whether you moved out with proper notice and before a lease expired.