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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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Renter with the help of free legal aid file in superior

Customer Question

renter with the help of free legal aid file in superior court LA pro-per.
The legal aid drop it at my work. Before responding, looking for the service date, I found out that two days after the fling the court issued an "order to show cause'
for failure to file a proof of service of the summons and the complaint.
It set for a month after my response date line.
What to do?
Is the complaint not valid? until a new service is performed and filed?
can they provide after the fact a POS and them I loose the case if not responding?
Or by answering I admit that I am aware of the service.
I am wrried of a trap or am i safe to wait?.
Submitted: 2 years ago.
Category: Legal
Expert:  Gerald, Esq replied 2 years ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You still want to respond, but do so by filing a Motion to dismess for failing to properly serve you. State in your motion that you are aware of the matter being filed because you recieved the Court's Order to Show Cause.

But you should be aware that the plaintiff will refile/reserve you. You will need to respond to that pleading within the requisite time frames.

Note that California has a lot of self help information available to litigants. See this site for that information:

http://www.courts.ca.gov/selfhelp-selfhelpcenters.htm

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Customer: replied 2 years ago.
Some points to clarify.
The service was done by the legal aid person. It was not filed in court with the complaint.
This triggered the court to issue OTSC to the plaintiff . It was not mail to me. I found about it by looking at the court records.
So at the moment as far as the court is concern I was not served.
So the question is, if the plaintiff will provide the POS at a later date will it hold? or the court will force them to start a new POS.
Can I asked to dismiss because they did not file the POS with the court. I can not say I did not received it because I did.
Expert:  Gerald, Esq replied 2 years ago.

Hello:

Thank you for the clarifying information and the excellent follow up questions.

I apologize for misunderstanding the actual facts from your original post.

If you were in fact served then the court will ultimately accept the affidavit or testimony of the person who served the summons and complaint and will calculate your answer due date from the date of actual service.

In other words the technicality will ultimately be resolved agaisnt your interests. So if you were served you should file your Answer by the original due date. The Motion to Dismiss will NOT work under the circumstances that you describe.

Good luck.

Kind regards,

Gerald

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