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Question about being sued...

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jcypher36

Junior Member
What is the name of your state (only U.S. law)?

CA

I got sued by an attorney, however, the only notices that I get are in the mail, non-certified to a business address that I am no longer the tenant in. And I didn't find out about the notices till after the court date has passed.

Does the plaintiff automatically win because I didn't show up for court? Shouldn't I be personally served or at least receive a certified letter?

I'd rather not dig in further with the court because that will only prove that I know about the lawsuit.

Any advice?
 


CODE OF CIVIL PROCEDURE
SECTION 415.10-415.95



415.20. (a) In lieu of personal delivery of a copy of the summons
and complaint to the person to be served as specified in Section
416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by
leaving a copy of the summons and complaint during usual office
hours in his or her office or, if no physical address is known, at
his or her usual mailing address, other than a United States Postal
Service post office box, with the person who is apparently in charge
thereof, and by thereafter mailing a copy of the summons and
complaint by first-class mail, postage prepaid to the person to be
served at the place where a copy of the summons and complaint were
left. When service is effected by leaving a copy of the summons and
complaint at a mailing address, it shall be left with a person at
least 18 years of age, who shall be informed of the contents thereof.
Service of a summons in this manner is deemed complete on the 10th
day after the mailing.


Sounds like you were served.
 

jcypher36

Junior Member
Thanks for your reply. Here's the situation:

I sold a business for "X" amount of money and I received half of the money upfront. On our Sales Agreement it clearly stated that amount paid was a PAYMENT and not a deposit. And if the buyer backs out of the deal, he'll forfeit that payment amount as a cancellation fee.

I did include remedies for the buyer to recover his payment, such as giving him exclusive rights to sell the business for 60 days of the cancellation to recover his payment.

Does he have any legal grounds to sue?


In regards to the summon, being that this a transaction to sell a business, wouldn't it be forseeable that I am no longer at the business? Again, as I have mentioned earlier, the only reason I am even aware of the lawsuit is because the new tenant told me I have mail about a month after the court date has passed.

What are my options in regards to the lawsuit? Would the court award the plantiff a judgement by default even though they made no real attempts to serve me?
 

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