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Personal Injury/ being served

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swtdarlng1

Guest
What is the name of your state? What is the name of your state? CA

My friend we believe was not properly served, No one was home and when he got home he had court papers in his mail box. Can he be served that way? It has no date on the box for.... by personal delivery on (date):........ This is on a Motor vehicle personal injury ( action is an unlimited civil case) Can anyone help me on the laws on being served.... Thanks so much....
 


I AM ALWAYS LIABLE

Senior Member
swtdarlng1 said:
What is the name of your state? What is the name of your state? CA

My friend we believe was not properly served, No one was home and when he got home he had court papers in his mail box. Can he be served that way? It has no date on the box for.... by personal delivery on (date):........ This is on a Motor vehicle personal injury ( action is an unlimited civil case) Can anyone help me on the laws on being served.... Thanks so much....
My response:

If the Process Server served the Summons and Complaint, in hand, to anyone in "apparent control" of the premises at some point, and then mailed a copy of the papers to your home, then you've been properly "served", and you now have 40 days from the date that "someone" was hand served; i.e., 30 days plus 10 days for "substitute service."

Your copy of the Summons wouldn't need that information. Only the "original Summons" gets one of the boxes checked off, and the other information filled in.

If you're interested, you can go to the courthouse, listed on the Summons, and check out the court file. You're looking to inspect the completed, and filed, "Proof of Service" on the Summons and Complaint.

I would also suggest that you immediately make a complete copy of all of the papers you've received, and send them to your insurance adjuster by Certified Return Receipt mail.

Tick, tock.

IAAL
 
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S

swtdarlng1

Guest
being served

What is the name of your state? Ca

My friend was not properly served. The court papers were just left in the mail box at the door. He was not home at the time nor was anyone home. The court papers were not mailed but were just left in the box. What does he do at this point since he wasnt served right? Then i need to know if there is a certain time limit on when it was filed to the time it supposely been served.?? Do they have a certain time to serve the papers??

Does he just ignore the court papers since he wasnt properly served or what????

thanks so much again
 
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swtdarlng1

Guest
this incidents that the plantiff is claiming that happen was at my friends work and after hours all employees were out in the parking lot drinking and my friend was leaving and the plantiff jumped in back of his car has he was backing out and supposely his leg got smashed between the car. The plantiff states to my friend oh dont worry about it ill be fine.... Then later that evening supposely he went to the emergency room and he states to the doctor there that he slipped and fell at work. So they did a workmens comp thing. Well a few days later the owner found out and asked him and he said no that didnt happen. He had no clue the plantiff was going to say that..... the owner told the plantiff he better get that fixed so now he is sueing my friend... All medical documention ( from the beginning) states he got hurt at work... And now almost a year later he is suing him... Does anyone have any advice on what he should do about this????

thanks so much
 

I AM ALWAYS LIABLE

Senior Member
Re: being served

swtdarlng1 said:
What is the name of your state? Ca

My friend was not properly served. The court papers were just left in the mail box at the door. He was not home at the time nor was anyone home. The court papers were not mailed but were just left in the box. What does he do at this point since he wasnt served right? Then i need to know if there is a certain time limit on when it was filed to the time it supposely been served.?? Do they have a certain time to serve the papers??

Does he just ignore the court papers since he wasnt properly served or what????

thanks so much again

=====================================


My response:

First of all, your friend should NEVER ignore court papers. Like I said, if he's interested, he can go to the courthouse and see the court file in this matter. He can then inspect the "proof of service" form that was filed - - and make a copy.

But, he should IMMEDIATELY turn the papers over to his insurance company.

Default judgments are REALLY painful.

IAAL
 
S

swtdarlng1

Guest
okay he goes and get the proof of service copy and it was served wrong... what does he do after that???? He never turned this in to his insurance company... So what does he do now?
 

I AM ALWAYS LIABLE

Senior Member
swtdarlng1 said:
okay he goes and get the proof of service copy and it was served wrong... what does he do after that???? He never turned this in to his insurance company... So what does he do now?

=====================================

My response:

When did he receive the papers in his mailbox?

Was it more than 40 days ago?

Give me the date.

IAAL
 

stephenk

Senior Member
IAAL, I hope this one doesnt fall in my lap.

"I never turned the papers in because I believed i wasnt properly served. well now i got some paper saying there is a default judgment against me. i know its about 1 year later but my driver license just got suspended. Can you help me?"


AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAGH!
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
IAAL, I hope this one doesnt fall in my lap.

"I never turned the papers in because I believed i wasnt properly served. well now i got some paper saying there is a default judgment against me. i know its about 1 year later but my driver license just got suspended. Can you help me?"


AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAGH!


====================================


My response:

Yeah, I can only imagine - - and I certainly empathize. Sometimes, you just want to pull your hair out, especially when you have repeat simple concepts and instructions 2 and 3 times.

Of course, the writer's friend's insurance company will probably hit this one with a "Reservation of Rights" because he didn't report the incident to his insurance company pursuant to his policy; e.g., within 30 days of the date of the incident.

IAAL
 
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