Not served, what if they fake it? (California)

[Pugilist]

What is the name of your state (only U.S. law)? California

I have heard that someone is suing me in small claims court. But I have not been served.

The trial date is three days from now, and the court clerks says there is no proof of service in the file. But she also says that some plaintiffs bring the proof of service to court on the trial date, and that some judge's accept that.

I know it is too late for them to serve me, but am concerned that they will fake it - tell the judge they did serve me.

What is best - show up for the trial, or not?

P

 

[justalayman]

depends on what you want to do.

If you do not go and the plaintiff somehow convinces the court the service was proper, you will lose. You would have a defensible position though and should be able to ask the judgment be vacated due to defective service.

Of course, that is if the service was defective. I do not know the rules of service for your court. Some courts allow service by first class mail or even simply by publication. If service was allowable by those means, or others similar, you could find yourself in a position of not being able to defend a judgment due to defective service.

I would suggest going to court and asking the courts to reschedule any hearings due to the lack of service. This would allow you adequate time to prepare for the suit.