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Did the process server give it to someone at your work who then put it in your mail or inbox?
And did you file a formal motion with the court for a continuance?
Or did you send a letter to someone?
Ok, unfortunately this would be considered proper legal service under CA law if the process server delivered it to someone at your work who was over 18 years old with instructions to give it to you. It is called "substitute service" and can be used if the server can't serve you personally after several tries..
With that said, most of the blame would fall on whoever failed to deliver the summons to you earlier..
But since you did get notice prior to the actual hearing date, your recourse would have been to immediately file a motion for a continuance, preferably through an attorney, to get it in front of a judge for a ruling. Sending a letter to the court clerk doesn't do any good as they don't have the authority to grant a continuance, only the judge can.
With that said, your only recourse here is to file a motion to vacate the judgment and argue that the process server didn't serve the summons on someone who was in a position of authority so you didn't have time to properly respond or hire an attorney..
Ok, then that would give you further grounds to support your motion to set aside the default judgment against you.. He has to at least give it to a person "in a position of authority" with instructions to give it to you in order to get a good substitute service.
If he just left it on the front desk, that is definitely not good service and can be fought.
You just need to file the SC 135, not the SC 130. The SC 130 is just the notice of entry of judgment telling you that a judgment was entered against you.
From the CA Courts site:
How to vacate your judgment
You really don't have any "evidence" to present because you can't prove a negative..(that he didn't serve you properly). You make the allegation in your motion and then the burden shifts to the other side to prove that the service actually was proper.
you need for sc104, sc 104b or sc104c, he filed sc100, that was wrong , correct?
Correct. He has to file a proof of service. But he also files the SC 100 stating facts about the case.
also I noticed that proof of service he says that he delivered the documents to the person in 1c which is me and that did not happen, does that give me enough proof?
This would then boil down to you claiming that you were never personally served and the process server lying and stating that he did serve you. The judge then decides who he finds more credible and makes a ruling.