Legal Question in Civil Litigation in California
False Statements
A process server filed with the court that he personally served me, and the law firm filed a default because there was no answer to the summons. The processer did not serve me and I filed a motion to quash. I want to take legal recourse and file a lawsuit...where do I start?
2 Answers from Attorneys
Re: False Statements
The first question is whether you have been successful in overturning the default against you. If not, an abuse of process claim against the process server and the lawyer may not get far.
Re: False Statements
Process servers are indeed liable if they falsely state that service was effected. Where do you start in filing a lawsuit? That you asked that question is a pretty good sign that you don't know how, and you could use professional legal help, for example in attempting to have the default set aside. You only get one shot at having the default set aside, and if your do-it-yourself "motion to quash" doesn't do the job... well, you should have gotten a lawyer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
