A process server filed a proof of personal service, signing under penalty of perjury, with the court in a small claims matter, alledging that my husband was personally served at our permanent home address in California. However, he has maintained a legal residence in Virginia for nearly four years, as his company is based there, and working in Afghanistan most of that time. We have credit card receipts and his company time card showing that he was in fact physically in VA, not anywhere in CA, on the date and at the time the personal service was supposedly made. There is no reference to substitute service, which didn't happen anyway. We did file a motion to vacate the judgement that arose from this suit on which he was not served, which will be heard in May. But, what should we do about the process server committing perjury by stating that she made personal service on my husband? Can we recoup airfare and lost wages for him coming to the motion to vacate the judgement?
1 Answer from Attorneys
Nonresident defendants should not be getting sued in small claims court unless the subject of the lawsuit involves a car accident that occured here, or an issue over real property that is located in California.
I don't see a way of recouping airfaire and lost wages.