Legal Question in Civil Litigation in California

I am filing an Answer and Cross-Complaint/declaratory relief (Ca. C.C. 1798.93) on an Identity Theft recovery case by a debt junk buyer. Some say I must first serve the Plaintiff attorney first then file with court plus the POS, others say file with court first then serve Plaintiff attorney later. Which is the correct method?


Asked on 2/07/12, 12:54 pm

2 Answers from Attorneys

Serve then file w/POS.

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Answered on 2/07/12, 1:48 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. You have to have someone over the age of 18 who is not a party to the case serve copies of the documents, and then sign your proof of service. You then file the original with the court, along with an original proof of service. Take an extra copy to court and have then conform stamp it for your own records.

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Answered on 2/29/12, 12:24 pm


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