Legal Question in Civil Litigation in California

Improper service of process

I live and work in the state of

California. While visiting my parents

in Texas, I was served an Order to Go

to Court (Small Claims) in Los

Angeles County. According to the

small claims court clerk, I cannot be

served outside of California. I checked

the California small claims court site

and it reiterated this point as well.

The two exceptions don't apply to me

since I'm not a non-resident

defendant who owns property in

California and I'm not a non-resident

auto owner involved in an accident.

The dispute is a bill owed to a moving

company. The small claims clerk told

me to write a letter to the judge

stating I was improperly served. Is

this the appropriate action?


Asked on 11/09/08, 9:31 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Improper service of process

If you were improperly served, the small claims court lacks jurisdiction to go forward. I don't know which small claims court you're in, or their local rules, but you might want to contact another clerk just to verify.

By the way, rather than go round and round with a process service, why don't you submit to jurisdiction and resolve the dispute? It seems that of moving party will go through the extremes of serving you into another state, it's only a matter of time before they catch up with you in California.

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Answered on 11/10/08, 10:48 am
Robert Mccoy Law Office Of Robert McCoy

Re: Improper service of process

The small claims court has jurisdiction over you because you know about the action, whether you were "properly" served or not. Jurisdiction is a matter of Notice and residence. You have notice and you reside in California. Jurisdiction has been satisfied.

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Answered on 11/10/08, 1:20 pm


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