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Improperly Served Civil Summons?

Date: Wed, 04/14/2010 - 17:35

Submitted by anonymous
on Wed, 04/14/2010 - 17:35

Posts: 202330 Credits: [Donate]

Total Replies: 3


Last week a Civil Summons (for me from a CA for unpaid debt) was left at my house with a friend who was there. I received it this week and was preparing an answer, when I realized it was dated 2/17/10. It gave me 30 days to reply. Today is 4/14/10. It contained no documentation saying who the original debt was for, so I am unsure. There was no court date. Does anyone know what I should do at this point? Is there anything I can do? Any advice would be appreciated!! Thanks.


I think for it to be properly served must be to a person over the age of 16 that resides at the house. Contact the court immediately and check the status of this court case, chances are they may have gotten a default judgment. If this is so ask about how to file a motion to vacate due to improper services. You have the right to defend yourself and them leaving the summons with someone who does not reside at the house is not proper. If all else fails, write a letter to the judge explaining the situation and that the papers don't even list who or what the debt was for and ask that the judgment be vacated so that you may p[properly defend yourself.


lrhall41

Submitted by goldenbast on Thu, 04/15/2010 - 03:32

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Federal law requires that service of process in any state start from the day it was delivered to your home and not from the day of filing. Whether or not the complaint is proper and was properly served is a matter for state law and each state's law is slightly different. If you're unsure about either you should consult a lawyer from your state. You don't have to hire one for something like determining proper format and service, see if there's a help desk at your local courthouse for general civil matters. They can give you the advice you need and if things don't comply with the local court rules they should be able to help you draft the motion to vacate and help you file it.


lrhall41

Submitted by OVLG Attorney on Fri, 04/16/2010 - 09:06

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