Date of service of Summons not valid...

[MaqFive]

What is the name of your state? CA
I was served on May 2, 2008. This afternoon I went in to give my answer within the 30 days to the summons, and to my suprise, I was turned away. Apparently they had served my at my residence in January to someone, but I never recieved the summons. I was reserved on May 2 because of with the name change correction had to be in the new summons. If they reserved me, does that reset the 30 days I have to respond?

[Skapare]

Originally Posted by MaqFive

What is the name of your state? CA
I was served on May 2, 2008. This afternoon I went in to give my answer within the 30 days to the summons, and to my suprise, I was turned away. Apparently they had served my at my residence in January to someone, but I never recieved the summons. I was reserved on May 2 because of with the name change correction had to be in the new summons. If they reserved me, does that reset the 30 days I have to respond?

I don't see what the point of a new summons is if they think the old was is in effect. But various states, especially CA, have quirky laws. You need to see a lawyer about this. If you cannot afford one, look for local legal assistance services that offer free legal help.

Misserved service is a very common problem in this country.

[Chien]

Awkward situation. The amended Summons creates a new clock, and one infers that your response to the amended Summons was timely.

Unfortunately, one also infers that “they” took a default on the January service in February-March. That would have had the same case number as the amended Summons to which you attempted to respond. Speculation: the clerk saw a default entered on Case No. 12345 and “turned you away” without looking to see that there was a new Summons issued and a “new” default not yet available when you tried to file.

(Don’t blame “quirky” California laws; blame computers and lazy people.)

If you waited until the last day to respond, that doesn’t help things. If you’re lucky, your attempted filing bears a “rejected” stamp and date. In that instance, go back and talk to a Supervisor, explain the foul-up and ask to file. If you’re really lucky, they haven’t sought default on the May 2nd service yet and yours will be accepted. If nothing is going your way and a new default has been entered, you’ll have to file a motion to vacate that. The motion will be granted, but it’s extra time and work.