[California8665]

Improper substitute service. I live in California, my parents were served at their home under a "subsititute service" I don't live with my parents they are 79 years of age. Isn't this improper service under Federal Rules of Civil Procedure?

[cdad]

How were they servered and what were they served with?

[California8665]

1) father was served at his house-They asked for me. He explained "she has her own home" and I have not seen her. My father asked for ID from the Server, he threw the summons at my 79 year old father's feet.
2) They were served with a summons / complaint.

[California8665]

Yet later the plaintiff's attorneys mailed and hand delivered an entry for default judgement to my home address.

[cdad]

It may not be improper as it was given to an adult at a place registered to the person being served.

Its legal service if that address and not your current address was listed on paperwork. Or if listed as alternate.

[California8665]

I have never used that address, I am 54 years old and have owned my home since 2002.

[California8665]

I think it is fraudulent service.
The plaintiff's lawyers later sent the entry of Default paperwork to my correct address by messenger (hand delivered) and by US Mail.

[cdad]

California, Illinois, and many other U.S. jurisdictions require that in addition to substituted service, the documents be mailed to the recipient. Substituted service often requires a serving party show that ordinary service is impracticable and that substituted service will reach the party and effect notice.

In addition, substituted service may be affected through public notice followed by sending the documents by Certified Mail.


Ref:

Service of process - Wikipedia, the free encyclopedia

[Fr_Chuck]

Given to your parents, can I assume that within minutes of them getting it, they called you and told you?

Why did you not appear in court and allowed it to be a default

[JudyKayTee]

I run a process service company in NY - your father accepted service on your behalf. You are considered served (at least in NY). I have no idea why you think Federal rules apply here instead of State "rules."

If you believe it was bad or insufficient service, make a Motion to reopen the default using the service as the basis. Of course, you'll be served a second time, probably in the Courtroom, but then you'll have a chance to defend.

For whatever reason the creditor thought that was a "good" address for you - it makes no sense to serve a relative if you have a "good" address for the Defendant. Why take a chance at having service set aside?

That's immaterial, though - go to Court and reopen the default, prove that it's not your debt.

[ScottGem]

What's not clear here is why you are concerned about this. Did the plaintiff obtain a default judgment because you were unaware of the suit? If so, then file a motion to vacate on the grounds of improper service so you can get a new hearing. Let the court decide.

If the matter is still pending then show up in court and defend yourself.

[California8665]

Thanks
To clarify, this is not a Credit issue it is a frivilious law suit, I don't even know or have done business with the person that is the plaintiff.
My father is in the beginning stages of dementia. He does not reside at my home, nor have I ever resided at his residence. This seems improper because they had not served anyone at my dwelling or adobe. This is hardly a substitute service. The service information had incorrect information on my work address (it was a fake address)
In fact, my father returned the summons to the law offices. The plaintiff's attorney has already been warned about unlawful federal violation of using the court seal on web sites.
They also served my father on a religious holiday of Eastern Christmass, January 6th. My father has signed a declaration that he informed the process server that I do no reside at his residence. He did not accept the summons it was thrown at his feet by a process server who never gave his ID.

[California8665]

Scott;
A motion to vacate was filed, judge was clarity on the improper service.

[California8665]

SUBSTITUTED SERVICE CCP 415.20

a) Instead of personal service, service can be accomplished by the server leaving
The Summons &Petition at the respondent’s office during usual business hours with
The person (at least 18 years old) who is apparently in charge of the office.
Thereafter, the server has to mail a copy of the documents to the respondent
At the same address where copies were left. Service deemed effective on the 10th day
After mailing.

b) If after making “reasonably diligent” efforts to serve by another method, the
Summons/Petition can be served by leaving a copy at respondent’s residence, “usual
Place of abode, usual place of business, or usual mailing address (except you can’t
Use a post office box) in the presence of a competent (at least 18 years old)
Household member or a person with apparent control of the office. After
Substitute service, the server has to mail a copy of the documents served to
Respondent at the same address where copies were left. Service deemed effective on
The 10th day after mailing.

[ScottGem]

Scott;
A motion to vacate was filed, judge was clarity on the improper service.

Did you mean WANTS (not was) clarity? My understanding is that when a question of service occurs, the server has to prove legal service. If you can prove you never resided at your parent's address, that should be sufficient. Courts generally prefer to allow people their day in court.

[cdad]

This whole thing sounds like a major delay tatic and it will sound the same to the judge. Are you trying to claim that during this whole time you were completely unaware that your father was serrved on your behalf? You were unaware of any documents? And claiming your father has dementia just at the point of service?

[ScottGem]

Lets get a time line here. How much time elapsed between the time your father was "served" and the time the default judgment was issued? How long ago was the judgment issued? How did you finally find out about the suit and judgment and when?

[JudyKayTee]

This whole thing sounds like a major delay tatic and it will sound the same to the judge. Are you trying to claim that during this whole time you were completely unaware that your father was serrved on your behalf? You were unaware of any documents? And claiming your father has dementia just at the point of service?

I absolutely agree - process servers get paid to do exact that, serve process. There is no benefit to serving a bad address because half the time the server gets dragged into Court to testify (if the lawsuit is big enough/important enough).

I also don't see any indication that a mailed copy was NOT delivered to the house. In NY if legal papers are mailed and not returned to the sender, it's good service. Yes, it has its flaws but, again, there is no benefit to bad service, time obtaining a Judgment, getting the Judgment set aside for bad service.

I see this as a stall, an excuse, something else.

[ScottGem]

I'm going to view this from a different angle. The OP claims this is a frivolous suit by someone she doesn't know. I think we've been assuming (though it wasn't made clear) that a default judgment was obtained because the OP wasn't aware of the suit and she's trying to get her day in court.

If that's the case, then yes, she should satisfy the court that she was not aware of the suit so a new hearing can be held. But if the situation is that the suit is valid and there is no real defense, then vacating would just be a delaying tactic.

[California8665]

This whole thing sounds like a major delay tatic and it will sound the same to the judge. Are you trying to claim that during this whole time you were completely unaware that your father was serrved on your behalf? You were unaware of any documents? And claiming your father has dementia just at the point of service?

Not a delay tactic, 1) Not all people are close or talk to their parents on a regular basis 2) I was not even in the country, which the proof of service mentions 3) My father in his confusion returned the documents to the local law firm. English is his second language and he is also hard of hearing.
4) My father only mention papers came for me from the court, but he returned them. I communicated with the State Court that DID NOT have a court docket on case 5) the default entry paperwork showed up on my front door step by regular mail when I returned to California 6) The paperwork was from Federal Court 7) I have a complaint by a person I do not know or had any business dealings with. 8) This person / business claims I caused her to lose business (she owns an international adoption agency) 9) My father's address has NEVER been my address they also had another fake address on the process service for my work address