Order to go to court for someone else taped to my door?

[charlemagne]

What is the name of your state?California-- I came home from work today to find a "Plaintiff's Claim and Order to go to Small Claims Court" taped to a window next to my front door. The complaint is directed to someone who no longer lives at my home. Also included was a business card form a "Sheriff Technician" who I guess must have left the papers. Even though this person hasn't lived with me for 2 years and I have no desire to become involved with this matter, I still want to make sure that the case doesn't go forward based on this "notification." My understanding was that putting a notice on someone's door was only acceptable for eviction.

Does leaving this junk on my window violate the law? Should I call the Sheriff's department? Or should I contact the court?

 

[stephenk]

you can contact the Sheriff's Department regarding the faulty service of their technician. You should also contact the plaintiff to let them know that the person they are suing does not live at your address. if you have the person's current address you can provide that to the plaintiff to avoid further contact.

 

[charlemagne]

Lies?

I was told by the Sheriff's technician supervisor (a sergeant) that "posting" the notice is considered acceptable service....

Is this pretty much an outright lie? It directly contradicts everything I've since read on the small claims service process. I've also been told it was faulty by both a paralegal and attorney that I've asked.

Also,
California Code of Civil Procedures
116.340. (a) Service of the claim and order on the defendant may be
made by any one of the following methods
...
(3) The plaintiff may cause service of a copy of the claim and
order to be made by substituted service as provided in subdivision
(a) or (b) of Section 415.20 without the need to attempt personal
service on the defendant.For these purposes, substituted service as
provided in subdivision (b) of Section 415.20 may be made at the
office of the sheriff or marshal who shall deliver a copy of the
claim and order to any person authorized by the defendant to receive
service, as provided in Section 416.90, who is at least 18 years of
age, and thereafter mailing a copy of the claim and order to the
defendant's usual mailing address.

415.20. (a) "...When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at
least 18 years of age, who shall be informed of the contents thereof."


Perhaps its time for an angry letter?

 

[stephenk]

the technician is wrong. it may be proper service for eviction issues but not for small claims court.

if it really bugs you, you can write to the court clerk indicating the faulty service and have the letter placed in the court file for that case number.

you should also contact the plaintiff on the case and let them know that the person they are suing does not reside at your address.