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In the state of California, is it lawful to serve someone a summons to appear in court by leaving the paperwork with someone that the defendant knows or on their door step? I never received the summons or knew I was being sued, judgement was ordered against me and now my wages are being attached and I didn't know about the suit. What can I do?
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Originally Posted by amyson
You didn't receive either the Summons or the Judgment?
Yes, it appears to be legal service. Here is the Statute:
If a copy of the summons and of the 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 of the complaint at such 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 of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
(Amended by Stats. 1989, Ch. 1416, Sec. 15.)
Judy is correct, it is legal.
I would add one thing.
In most cases, a judge must approve of the notice being left, after previous attempts to serve have failed. It might be worth your time to go as the clerk of court for the proof of service.
While a slight chance, if the server skipped the step of the judges approval, you may still have a shot at getting the judgment dismissed.
This is true where I live but again, I'm not sure about California.
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Originally Posted by progunr
In NYS you do not need a Judge's approval for substitute service (on a responsible party) OR nail and mail. If you did we'd all be clustered around the bench for days at a time and no one could afford to hire a process server. Of course, you can't just thrust the papers at anyone or just nail them. There is a process.
I would say at least 50% of the people I serve later claim they were not served so I take some extra steps to prove they were, although I have (honestly) never lost a Court test because I do the service honestly and correctly.
I am not aware of any States that need that approval although if all else fails and no address can be located a Judge must sign an order to publish - which is very, very expensive and likewise time consuming.
What State are you in?
If you never received it, how do you know it was left on your door, or left with a person at that residence.
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Originally Posted by Fr_Chuck
Well said. And it all comes down to - is it your debt or not? If it is even if you spend the time and money to go to Court you will be served again and another Judgment will be taken. Why should you be able to walk out on a debt when most of the rest of them pay them.
If it's not your debt, then fight it on the grounds that it's not your debt. Why should you pay off someone else's debt.
I have no idea if this is the case here but I have seen a fairly high percentage of people decide that anything other than personal service is not good service, not reply to the papers (based on that "theory") and then be shocked when the Judgment is taken.
(And there very well may be people out there filling out false Affidavits and not actually serving people - I can only speak for myself.)
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