Legal Question in Civil Litigation in California
serving a small claims order
If the plaintiff is a women who is in her own business can the plaintiff's husband serve court papers to the defendant if he is not specifically named as a plaintiff in the case?
Asked on 9/26/08, 5:49 pm
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: serving a small claims order
Yes.
You seem to think that only parties can serve court papers, but you have it backwards. In California courts, parties are generally forbidden to serve their own documents on other parties. Thus, being a non-party is a qualification, not a disqualification, for serving papers.
Answered on 9/28/08, 7:21 pm
Judith Deming
Deming & Associates
Re: serving a small claims order
Yes, if over 18.
Answered on 9/27/08, 9:55 pm
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