Legal Question in Personal Injury in California

lack of service from plaintiff

I am being sued for slander etc. I received the original summons, since that time all parties in the suit except for me have been served with motions etc. etc I have sent a letter to their attorney but still no service. What can I do?

Asked on 10/02/06, 5:24 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: lack of service from plaintiff

Could be you didn't file an answer to the complaint and you already lost by default. Go to the courthouse, or if you are lucky go to the court's website, and look up the case. If you are in default, you need to file a motion for "relief from default." Do the motion incorrectly and you lose.

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Answered on 10/05/06, 3:47 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: lack of service from plaintiff

It sounds like everyone else responded to the complaint while you didn't. Until you file an answer or some other responsive pleading (a demurrer, a motion to strike, etc.) you are not officially a party to the case and the other parties are not required to serve you with any subsequent papers.

By now you have probably been placed in default. It is possible that a default judgment has been entered against you as well, though that is unlikely if the case is still in progres against the other defendants. Even if this is what's happening, a judgment will be entered against you later unless you take action now.

If you are in default you will need to bring a motion for relief. You should get a lawyer to do this for you, since relief is not automatic and it is quite likely that a motion you wrote would persuade the judge *not* to relive you from the default.

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Answered on 10/05/06, 4:01 pm

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