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  1. #1
    haryarok is offline Junior Member
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    finding out who is trying to serve you

    Someone tried to serve me papers yesterday at my parents home in California. I have not lived in California for almost eight years. They did not accept the papers because they do not want to be troubled with this. Does anyone know of a way to find out in California who is trying to serve you papers? If I could find out who it is I would contact them and try and settle the debt.
  2. #2
    CourtClerk is offline Senior Member
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    Quote Originally Posted by haryarok View Post
    Someone tried to serve me papers yesterday at my parents home in California. I have not lived in California for almost eight years. They did not accept the papers because they do not want to be troubled with this. Does anyone know of a way to find out in California who is trying to serve you papers? If I could find out who it is I would contact them and try and settle the debt.
    Call the courthouse and see if you have a lawsuit against you.

    Be advised: your parents do not HAVE to accept the papers. The process server could simply drop them at their feet. Done. There's nothing in the CCP that says papers have to be given to anyone in their hand.
  3. #3
    Zigner is offline Senior Member
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    Your parents should have given the process server your contact info.
  4. #4
    haryarok is offline Junior Member
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    thanks, i should have thought to contact the courthouse. now i just have to wait until they are open pacific time!

    one follow-up question, what would be the best department of the courthouse to call to find out the information?
  5. #5
    CourtClerk is offline Senior Member
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    Quote Originally Posted by haryarok View Post
    thanks, i should have thought to contact the courthouse. now i just have to wait until they are open pacific time!

    one follow-up question, what would be the best department of the courthouse to call to find out the information?
    If you're sure it's a debt, then call the civil department.
  6. #6
    mtpockets is offline Member
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    Try the Superior Court website

    My county has a "case search", which is an online database of cases. Input your name for the party.
  7. #7
    haryarok is offline Junior Member
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    does anyone know if there is a limit to how many days the plaintiff has to serve the defendant in a lawsuit in california? if there is, what happens? do they just file again?
  8. #8
    mtpockets is offline Member
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    inability to serve defendant

    I believe the time limit is 60 days. If they are unable to serve you, they must file another form to advise the court of their efforts. They can also ask for alternatives to personal service.

    (I am not an attorney.)
  9. #9
    CourtClerk is offline Senior Member
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    Quote Originally Posted by mtpockets View Post
    (I am not an attorney.)
    We can tell, because your answer was 100% absolutely, completely WRONG.
  10. #10
    CourtClerk is offline Senior Member
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    Quote Originally Posted by haryarok View Post
    does anyone know if there is a limit to how many days the plaintiff has to serve the defendant in a lawsuit in california? if there is, what happens? do they just file again?
    That depends on several factors. However, generally, in a civil case, an OSC date is scheduled at the same time the lawsuit is filed for the plaintiff to show cause as to why the defendant has not been served. That generally happens 180 days after the lawsuit was filed. At that time, the court makes the decision as to whether or not the case is dismissed or more time is given for service.

    Note: if you still hold a CA driver license, they can legally serve you at whatever address DMV has on file for you.

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