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JPEsq
JPEsq, Attorney
Category: Business Law
Satisfied Customers: 5106
Experience:  Experience as both in-house and outside counsel in general business and transactional law
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I came home on April 1st to find a summons on my porch. The

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I came home on April 1st to find a summons on my porch. The service of process was not carried out according to california law as far as I can see after reading the process of service laws for my state. I have 25 days left to answer the judgement and wish to know what I should do. I know that we must have process of service laws for some reason. Your answer is much appreciated. Thanks

Well, even though the service rules were not followed, you have actual notice of the hearing, so you should attend (unless it is less than 15 days away, in which case you should call the court and ask to postpone it because the service of process rules were not followed).

 

The service of process rules will protect you if you did not appear, and later asked to set aside the judgment because you were not served. But it won't get the case dismissed outright or anything.

 

At this point, it really won't help you to avoid court, even though you were improperly served.

 

Like you said, the rules are in place for a reason, but that reason is to make sure that you are aware of the court date, which you are. If they took a default judgment because you never knew about the hearing, you could get it set aside because of improper service.

 

But at this point, it is probably best to just appear or contact the lawyer on the papers and try to settle it.

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Customer: replied 6 years ago.
Thanks for your response. I guess I will now go to the website on the summons and find the form to respond to the summons. Do I need to take one to the court and mail one to the plantiff? I am not quite sure how to answer all the claims because I hired the debt specialist company and did not try to run from my obligation but was unable to make minimum payments any longer. I believe that there is no consideration for the money created out of thin air every time I signed my name but that might be a difficult route. Do I just put not sure to some of the alligations? Thanks again

You put either "Deny" or "Insufficient information to either Admit or Deny"

 

You take copies, one for you, one for the plaintiff, and one for the court.