Do I have to go to court if I haven't been served?

[Mayday11]

What is the name of your state? California

Hi,

I am being sued in small claims court but I have not been officially served and I'm wondering if I can not show up at court if I haven't been served before a certain amount of time before the trial date.

The dilemma is that the court location would require me to fly to another city and miss a day of work. Also, I will be out of town on the date that the trial is supposed to be held. The plaintiff is trying to scam money out of me for "injuries" in a car accident in which I was going 2 MPH.

My question is, how many days before the court date is the plaintiff supposed to "serve" me? I know that I have 10 days to request to change the date but I don't want to change the date if he isn't going to serve me in the first place.

If he doesn't serve me, do I have to go to court?

I'm not sure if I explained this well but any help would be much appreciated.

Thanks!What is the name of your state?

 

[justalayman]

How do you know that you are being sued and how do you know when the trial date is if you have not been served??

 

[dcatz]

You must be served not less than 10 days before the scheduled hearing date. If you're sub-served, that means that service is perfected (completed) not less than 10 days before. If you're not, the hearing date is likely to be re-set and may be re-set 2-3 times before the Court loses patience and dismisses, subject to refiling.

But note there are different ways of making service. Don't get caught playing games and being evasive.

 

[BL]

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[shell007]

The plaintiff is trying to scam money out of me for "injuries" in a car accident in which I was going 2 MPH.

Do me a favor...before you DO GO TO COURT....work on a better story. 2 mph.....paaaaleeeease!