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summons not served correctly California

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bavareze

Junior Member
today i got served.

however the summons do not contain the name and address of the court.

contains plaintiff's name, my name, our addresses, case number and clerk number, but no way to identify out of hundrends of courts.

should I:

- do nothing, since i have no way to find out where to go to file my defense
- do some research, locate the court and then file a motion to dismiss on the grounds of missing of required information from the summons?
- other ways -?

thanks,
radu
 


CourtClerk

Senior Member
You don't have to answer a small claims summons in CA. However, OP, I will tell you that if you do nothing, then when you TRY and dismiss on the basis that the address of the court is missing, you ought to take an advil for that brick wall you are going to hit.

Go to the court's website in your county and index your name. You'll find the court information there.
 

tranquility

Senior Member
The mechanics of Civ Pro are not my best knowledge, but doesn't a valid summons require the court be listed? Not suggest, but require the notice of who (or in who's name) the order comes from?

I would never tell someone to ignore even a defective summons as the problems are worse than the benefits. But, rather than jumping throught he hoops of calling courts, I'd call he plaintiff or his attorney and ask. Tell him service was invalid because of the problem and let him tell you the court where things are filed.
 

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