Quote:
Originally posted by dalton97
A creditor is trying to sue me (in CA) but instead of having me served with the summons, it was hand delivered to my in-laws.
We don't share the same last name, live in the same town and have never resided under the same roof...I'm aware that I have not been legally served in this manner, however, what would my next step be? I need to answer the summons but don't want to acknowledge service...
Theresa |
My response:
It's time to head out to your local law library so that you can look up, and write, a "Notice of Motion and Motion to Quash Service of Summons". You'll need the Notice of Motion, the Motion itself, the Memorandum of Points and Authorities, and your Declaration, including the Declaration of your in-laws concerning the fact that you don't, and have never, lived with them. Then, when you have it all written, call the Clerk of the Court for instructions for obtaining a date, time and Department for the hearing. Some courts require you to call and "Reserve" the date, time and Department, while others, allow you to choose your own. So, call the calendaring Clerk for specifics.
Then, you'll need to sign and attach a "Proof of Service" to the original and all copies to show that you've mailed a copy to opposing counsel, and then file the original Motion with the two-hole punched holes at the top in the original only, and include a copy of the Motion for conforming by the Clerk (you'll get that copy back). Take all to the courthouse for filing. Send a copy to opposing counsel and remember to make a copy for yourself.
Oh, one last item - - obtain a "Certified Copy" of their "Proof of Service" of the Summons and Complaint, and attach that "Proof" to your original and copies of your Motion as "Exhibit "A", tab it, and refer to it in your Motion.
Good luck to you.
IAAL
P.S. Also, ask the Clerk for the amount of your "First Paper" filing fee and bring your checkbook to the courthouse.
10-23-2001, 02:49 AM
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