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What would happen if someone, who was asked by the plaintiff to serve the summons to the defendants, wrote the fake date on the proof of service?
For example, someone pretended to serve the summons on May 10th but actually did served the summons to the defendants on May 15th.
This is in California... if anyone know which section of California Civil Procedure that applied to this above would be helpful.
Hello d:
I would think it would be covered by CRIMINAL law rather than civil. I'll bet lying on a summons would be FRAUD upon the court, and the person would probably go to jail.
excon
So you are saying the Process Server lied. But service WAS done. What would most likely happen in this case, is the process server would be censured. Not sure if CA licenses process servers, if they do, they license would probably be pulled. If the specific person worked for a company, they would probably be fired.
This is assuming it can be proiventhey lied.
As to it affecting the case the summons was for, it would have minimal affect, if any. It would get you a continuance, if it could shown there wasn't enough time to prepare.
Thanks excon and scottgem. Yes it'd be a criminal. And, the process server person herself is the plaintiff's sister. I know it's legal for plaintiff to use the family members who are not part of the party, yet remain so sticky situation/conflict of the interest.
This is why I've been longing looking for Civil Code Procedure so I guess this may be worthless. Where do I need to look elsewhere to find some answers relates to this issue?
Hello again, d:Quote:
Originally Posted by deafbusta
I think you're barking up the wrong tree. What you see as a sticky situation rife with conflict, the law sees as legal service. So, looking to discredit the server here, isn't going to work - at least for THAT reason.
What WOULD work, assuming the you're the defendant, and assuming the "fake" date was intentionally used to provide clear advantage to the plaintiff, is to prove THAT. Why is THAT so hard to prove, and what was the outcome of the lawsuit??
excon
Quote:
Originally Posted by deafbusta
It looks like process servers, if they serve more than 10 services a year, are supposed to be registered in the county. http://www.serve-now.com/resources/p...aws/California If this one is not registered (or even if she is, for that matter), the remedy would be to report her to the DA or police for prosecution.
What is your purpose here? Is the suit still ongoing? If not, what was its result?
excon: got it. I think I have figured it out and will try to raise the questions to ask the plaintiff in the court and see how it unfold. There are three defendants altogether so I knew exactly where we all are that day. I immediately filed "Motion to Set Aside the Default Judgment" and won the motion. Judge has quashed it completely because I provided all evidences proved that my roommates & I paid in full the rent. ;)
AK Lawyer: This is interesting information about process servers. And, I think I can try ask some questions to DA/police.
Quote:
Originally Posted by ScottGem
Got 3 Days Notice to Pay Rent or Quit showed itemized late rent payments which was for June. Irony, we already paid in full rent about 7 hours before we got the notice. Therefore, the notice itself is already defective.
LL filed Unlawful Detainer on June 10th in the morning then stopped by our house replaced the kitchen floor. Proof of Service filled out by process server showed that we were served the summons on June 10th but we NEVER got it until 15th. We spoke with an attorney at Legal Aid on June 16th, advised us to file the Answer on June 21st.
LL filed Default Judgment on June 17th.
June 21st came, we filed but deputy clerk said we can't submit due to Default Judgment has been entered. I immediately filed "Motion to Set Aside Default Judgment". On very same day, we got the order for Eviction served by our local county sheriff. On 23rd, we saw the judge and won the motion and the judge quashed everything. I just learned something new that it's important to put all three names altogether in top box on "Motion to Set Aside" form. Yes, there are 3 people as defendants. So I'm seeing judge again to have 2 other roommates' names on "safe" list from being eviction.
LL was very MAD. LL filed Request for a Trial which is set in July.
LL now refused to repair A/C and demand the proof of work order from the gas company about inoperable electric cook top (itself is gas cook top but only thing is defective is electricity which "spark" the gas on when "lit" the cook top). We laughed because LL refused to received the certified mail contain the info about gas company work order. The certified mail returned back to us. This may settle out in the court next month.
Sad part is that we won't be able to find any attorney who is willing to help us and represent us due to our low-income. One has suggested me to find pro bono attorneys so I have time to find one in time for trial next month.
All of crazness this month really wears me down but we will have our day in the court with a smile. I already emphasized to my roommates that oral/verbal agreements are no longer allowed with the LL because LL has lied on several topics therefore we're no longer able to trust our LL anymore. It has to be everything in writing for our protection. Oh yeah, LL "hold" the lease for four months and never gave us a copy. LL begged us to sign the "old" date on Lease Addendum, we refused. We signed present date at the time of signing the Lease Addendum. LL was mad at us. There are so much complication situations with the LL.
We will just relax and keep up pay the rent on time until the lease expire, we'll move somewhere better place.
You were actually served on the 15th but, on the next day, the attorney advised you to wait until the 21st? What was the attorney thinking when he/she advised waiting?Quote:
Originally Posted by deafbusta
To buy time so I can fill out the Answer PLUS attachments properly. I have never done this before so it took me some time to sort out and understand how it works.Quote:
Originally Posted by AK lawyer
LL has to wait until after June 21st to file the default judgment but she did anyway.
Ok, so you got the default judgment vacated for improper service. So, while you may be able to punish the process server who lied, it has no bearing on your case.
So you won the right to stay as long as rent is paid exactly on time. But do you really want to stay where the LL doesn't want you? I would offer the landlord a buyout to allow you out of the lease early.
There are two reasons the default judgment vacated are: 1) improper service and 2) defective 3 Days Notice to Pay Rent or Quit.Quote:
Originally Posted by ScottGem
That's good question, I'm going to talk with my roommates (since one of them signed the lease) to see what they have to say about this.Quote:
So you won the right to stay as long as rent is paid exactly on time. But do you really want to stay where the LL doesn't want you? I would offer the landlord a buyout to allow you out of the lease early.
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