Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Small Claims (https://www.askmehelpdesk.com/forumdisplay.php?f=303)
-   -   I was not properly served a summons (https://www.askmehelpdesk.com/showthread.php?t=687047)

  • Jul 25, 2012, 06:18 PM
    heather7710
    I was not properly served a summons
    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 ?
  • Jul 25, 2012, 06:21 PM
    JudyKayTee
    Quote:

    Originally Posted by heather7710 View Post
    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.
  • Jul 25, 2012, 06:21 PM
    ballengerb1
    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
  • Jul 25, 2012, 09:16 PM
    AK lawyer
    Quote:

    Originally Posted by ballengerb1 View Post
    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 at Ballengerb*

    Show me. It would be, I imagine, in Title 5, Chapter 4.
  • Jul 26, 2012, 04:01 AM
    ScottGem
    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.

  • All times are GMT -7. The time now is 01:39 AM.