Legal Question in Civil Litigation in California

Process Serving

Can papers be served to my parent's house? They have nothing to do with anything, and they don't like that they are being served papers looking for me. Can they return the papers because I don't live with them.


Asked on 1/08/08, 1:28 pm

1 Answer from Attorneys

MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Process Serving

Hello!

First, certain papers MUST be only served upon the other party. Since I do not know what the papers served were, let's assume that they can be "sub-served." A Substituted service is just that, a service UPON "A" by delivering the served document to B"." The requirements are that B must be at least 18 and not a mere guest for that moment. Also, there has to be some connection between you as "A" and the "B" house, such as you reside there.

If you do not live or have not resided at your parents home for some time, then the service is not a good one on your parents on your behalf.

Here is the rub: The process server will undoubtredly state under oath that a service was affected. Then a copy of the papers will be mailed to you at your parents address. If you do not file a response (answer or similar) to the law suit within 30 days, they will obtain a judgment against you because you defaulted--did not respond.

You really should speak with an attorney about the facts of the case and how to deal with it.

I hope this has been helpful.

Regards,

Mark Geyer

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Answered on 1/08/08, 4:10 pm


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