"drop" service from CACH LLC
Date: Sun, 09/12/2010 - 23:11
My mother called me today to say that someone came to her door to serve me with a summons. My mother told them that I do not even live in the state any longer. They asked her if she knew me. She said "yes I am her mom but I am not signing anything." She said the person serving the summons told her that she didn't have to sign and they would do what is called a drop service instead. I have read that it is legal in California to do a drop service but I thought they had to positively identify the person as the defendant to do this. I live over 1,000 miles away in another state and certainly cannot make it to California to deal with this issue. Is there any way to contact the court from another state to prove that I was not served correctly? I have lived in another state for a few years now and have plenty of evidence that I live here. I thought that a debt collection agency had to take legal action against a person in their state of residence. Please help.
In most states, they can serve any adult in the household of the
In most states, they can serve any adult in the household of the place where the debtor resides...it doesnt have to be the defendant themselves. However since your mom clearly told them you no longer reside there or in the state, any service would be invalid.
You have to be sued in the county which you reside. I would suggest logging into the court website of the county in california where they attempted service and watching it. If the service is filed, you can motion the court to set aside the motion due to improper service and incorrect venue.
