Was I Properly Served? Can Case be Dismissed?

What is the name of your state? California. My former roommate (to keep her identity private, I'll refer to her as "Abby"). is suing me in small claims court. On the Plaintiff's Claim form, Abby claims that I owe her the sum of $250. She has also checked box 3A, stating that she has asked me to pay this money, and that I have not.

First, I have not received a request in writing (or verbally) to pay her $250. When I moved out of the condo I was renting to her (as a shared rental), Abby called me 2 1/2 months later and said that I took some of her items when I moved. I checked my new house, and told her that I did not have anything of hers. She maintains that I did, and left a message on my cell phone voice mail that she would sue me if I didn't return the items. She also stated the same in an E-mail to me (but never mentioned a dollar amount).

Her arguement on the Plaintiff's Claim is that I deducted an extra day's rent from her deposit, plus other unnecessary deductions, "plus other miscellaneous damages". I have no idea what these other "miscellaneous damages" are, since she has never written me a letter stating what she feels is damaged. I can only guess that Abby is referring to the items that she feels I packed up when I moved out (which would total $50, max -- a pizza slicer, spray and wash stick, three towels, wooden tongs, etc). I still maintain that I don't have these.

Furthermore, this young lady (she's 22, and was over 18 when I rented to her), has got her mother involved as her "pitbull" -- making threats to me, hurling insults, and just all-around being a very unpleasant person. The mother is ALSO listed as a Plaintiff, even though I have NEVER conducted business with this woman, and she was never a party on the rental agreement.

I came home from having dinner with some friends several nights ago, and found the Plaintiff's Claim sticking out from under my doormat. I suspect that Abby and her mother personally delivered it to me, which I understand a Plaintiff cannot serve a Defendant, but have no way to prove, or disprove, who left the paperwork there.

My question is: Was I properly served? Also, because I have NOT been asked by the Plaintiff, in writing or verbally, to pay $250 (or else we'd be going to court), is there a way that I can have this case dismissed?

I think that the Plaintiff and her Pitbull Terrier mother are just trying to be a thorn in my side, and are being vindictive for what reason I don't understand. I have many events happening in my life at this time (wedding in nine weeks, 2 surgeries in the next four-six weeks) to add a small claims suit that I feel isn't valid on top of the mix!!!

Help! I'm feeling a bit overwhelmed! I've always received excellent advice in this forum, and could really use it again. Thank you in advance for your wisdom and guidance.

~Wick~

Call the courthouse and get a copy of the case file. In the file should be a proof of service form. That will tell you who, what, when and how the summons was served. The Plaintiff cannot perform the service.

Once you find out what's on the proof of service, then you'll know whether or not you can claim improper service.

With nothing in writing she's going to have a tough time proving you owe her anything - it'll be her word against yours.

if a proof of service is in the file, have a copy made for yourself.

if the POS has either of the plaintiffs claiming they served you personally, the service is defective.

Either way, go to court on the day of the hearing. You can tell the judge about the service issues. The judge can do one of three things:

1. Tell plaintiff service is defective and continue the hearing so that proper service can be completed;

OR

2. Tell you that service is proper and let's get the hearing going;

OR

3. Tell the plaintiff service is improper and then ask you if you will accept service at that time so that the hearing can be held at that time instead of continuing the matter and having everyone come back again.

Thank you Stephenk and Ladynred. I live in Placer County, and the case was file in Sacramento County. I have business in Sacramento tomorrow on my day off, so I'll pay a visit in person to the court house instead of calling.

I did check the Sacramento County Small Claims website, and it states to properly serve a Defendant, the Plaintiff's Claim must be HANDED to either the Defendant, or anyone over 18 years of age. If the paperwork is refused, then the server can simply leave it and note service was rendered. No where on the website does it say that the Plaintiff's Claim can be left (under a doormat) if nobody is home (What if I was out-of-town, and someone else came to my door and took the paperwork??? -- There's no way I would have known about the trial).

I will try to see if there is a way that I can have this case dismissed prior to the trial date (which I would have to change anyway, since it is set for the same day as one of the surgeries scheduled). I don't want to waste the court's time, and I'm sure that the Plaintiff will probably have me re-served, but if I can "buy some time" and get through these surgeries, my wedding and honeymoon, then I can return home relaxed and focus on defending my case.

Thank you again!

~Wick~