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Fraudulent Proof of Service

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ca91360

Junior Member
What is the name of your state (only U.S. law)? CA

Someone filed a small claims action against me in CA but they didn't serve me or sub-serve me. Instead, they filed a fraudulent proof of service with the court and listed a person who was the "substitute"(a former neighbor of mine). I contacted the "substitute"(my former neighbor) and he agreed to sign an affidavit saying he didn't sub-serve me. Can I file this in court with a request for a dismissal based upon a fraudulent proof of service?
 


justalayman

Senior Member
why would you believe him simply denying he was served would be adequate to overcome the professional process servers claim he was served?
 

CdwJava

Senior Member
I cannot find any source that indicates substitute service can be completed by serving a NEIGHBOR. The service could have been conducted a number of other ways, but not through the service of a neighbor.

A concise outline of the process can be found here:

http://courts.ca.gov/selfhelp-serving.htm

I'd say that this was improper service no matter how it pans out.

Understand that invalid service is not likely to cause the dismissal of the case, only buy you more time before you have to appear. Clearly you now know about the case and you have not mentioned a default judgment, so is it safe to presume that the court date has not yet come and gone?
 

swalsh411

Senior Member
If the Court date is in the future why not go and take care of this? If you know you would lose you are only delaying the invitable. If you think you will win, then you will put the matter behind you. All you're doing is kicking the can down the road.
 

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