Hello. Recently someone called me claiming to be from EDD. I was unemployed at one point, but now I'm working. After getting off the phone with him, I realized noticed that they didn't have my most recent address - so after giving the guy my work address so that he could "overnight" a document to me, i was suspicious. I felt really stupid, I should have caught that. Needless to say, I did not receive any overnight mail from anyone. It's been a few days now. Today I received a call from our receptionist that someone left some legal documents for me. I suspect it is from a creditor. I'm paying back a lot of money to the government, school Loan and another creditor, but not everyone. I suspect it is from one of my creditors serving me with some action papers. (this happened in the past, but I settled with them and never went to court). Is is legal for them to obtain my address information by posing as EDD? I strongly suspect this is the case. Also, I have not yet gone to our reception to get the papers yet. Do I have to pick up the papers?
Country relating to Question: United States
State (if USA): California
Called EDD to try to confirm if the person calling me was actually from EDD. They gave me no information.
Good afternoon,I'm very sorry to hear of your situation.While it is not illegal to lie to you in an effort to obtain information from you, any attempt to serve you with legal process in CA by leaving it with the receptionist is inept---as it does not constitute personal service of the pleadings attempted to be served.The fact that someone actually came in and left legal documents for you would indicate that it is not EDD, EDD does not personally delivery anything to you, nor was it very likely to be anyone suing you---unless they also left a document for you to sign called a Notice of Acknowledgment and Receipt, which would be for you to sign if you were willing to accept service without personal delivery to you.There really is no risk in picking up the papers---at least you will then know what it is they are wanting. And, as I said, personal service of a lawsuit, under California, may NOT be accomplished by dropping it off with a receptionist. Even if it is a lawsuit, consider it a complimentary copy as it was not effective service of process, and you need no respond to it---nor fear any recriminations if you ignore it.You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly take a moment to rate my service to you highly, based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.I wish you the best in 2012,Doug
I am a practicing attorney with more than 27 years of experience in the legal field.
Thanks again for your help. I picked up the document from the receptionist, which was not in an envelop, so they could see that it was a summons, that was extremely embarrassing. Can I simply ignore it? I do intend to pay that debt, but have not gotten around to negotiating with them. I wonder if this is a good to contact them to make a settlement?
If it was personally delivered, not overnighted as you first suggested, before service can be valid they must also mail a copy to you at the same address. If they do that, then you need to consider filing an answer. Until then, you may ignore it.Here is a good article on substituted service in CA:
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