Received notice of Default

[wubbzy]

I currently live in CA and received a letter from a law office with some information that states I was served on a day and time that I was not even at my house. The letter states I was served at my home address. I live alone so I know the summons was never given to anyone. Obviously this person who was trying to serve me lied. A couple neighbors said this guy has been coming by my place for several months so I think he was getting fed up. It goes on to state that I was served under F.R.C.P. RULE 4. What is that?

Can anyone explain to me if its legal to state that I was served when I really wasn't? I never received any paperwork notifying me that I was being sued. Also, am I able to bring legal action against them? I understand that I can be served through the paper but this document actually lists the date, time and address. Am I missing something here?

Thank you!

 

[tranquility]

Google it. But, if your argument will be you were not legally served, it's time for an attorney to make the motion and to answer the suit.

 

[latigo]

F.R.C.P. would mean the Federal Rules of Civil Procedure which would indicate that the action was brought in federal and not state court.

But neither the Federal Rules nor the California Rules of Civil Procedure allow for an effective service at the defendant’s dwelling or usual place of abode unless the summons is delivered to a responsible person of suitable age and discretion then residing therein.

Your recourse here would be to move to quash the return of service. But you are going to be effectively served in the process.

And you can forget about suing anyone for a monetary wind fall.