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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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Hi, Can a she/he without disclosing her/his name mailed some

Resolved Question:

Hi,
Can a she/he without disclosing her/his name mailed some legal paper to a person A with hand written: you are served by personal delivery on xxx date.
But this she/he did not serve on anyone personally.
Is she/he required to file an affidavit by testifying that she/he personally served the legal paper on certain time, date, place and to whom?
What happen when she/he lies?
What A can do? Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

A handwritten note received in the mail does not constitute personal service. In some cases, a person may serve someone by leaving a copy at their residence and also mailing it, but that is substituted service, not personal service. The party to the case must produce a certificate of service stating how a person was served - that will usually require a signed statement by the person who performed the service.

If a party is not served and the other party files a certificate, the party may move a Motion to Strike the Document. It may also be possible to ask the judge to sanction the party if he is knowingly filing false documents, or to report the person who made the statement for perjury, if the statement was made under oath.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

Thank you for your response.


 


When a party is not served properly, the party can file an action beginning with the letter "S". We don't know how to spell it..


Do you know the name of such action? Thank you.


 

Expert:  Lucy, Esq. replied 1 year ago.
There's a Motion to Quash if the document is a Subpoena or a Summons, or a Motion to Strike other motions that were served and not filed. A Motion to Strike could also be used to remove a false affidavit from the record.
Customer: replied 1 year ago.

Thank you.


If someone claimed that he/she left the paper at a person's residence,


is that someone required to have a witness witnessing that he/she did in fact leave the papers?


What area of the property qualifies as leaving the papers at a person's residence? Thank you.

Expert:  Lucy, Esq. replied 1 year ago.
They wouldn't need a witness, no. But the paper has to be left with someone at least age 18 at the property - someone can't just drop papers behind a tree or something and then claim that the papers were served by leaving a copy at the residence. That person could be called as a witness if necessary.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20097
Experience: Lawyer
Lucy, Esq. and 12 other Legal Specialists are ready to help you
Customer: replied 6 months ago.

What is the code (CA) addresses that a person may serve someone by leaving a copy at their residence and also mailing it?


Thank you.

Expert:  Lucy, Esq. replied 6 months ago.
It's Cal. Code Civ. P., Section 415.20(b).

(b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20097
Experience: Lawyer
Lucy, Esq. and 12 other Legal Specialists are ready to help you

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