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What is the name of your state? state od california- person serving summons for unlawful detainer (not for non payment of rent-30 day notice)left summons behind our screen door on sunday we figure nail and mail we have 10 instead of 5 days to answer. process server falsifies proof of service stating they served us personally on sat. we now have defdault judgement ant writ. help how do we bring this lie to court attention before sheriff comes????
Its a little late to be thinking about how to fight this now. You should have been asking this question when you got the notice, and before you ignored it. Because you DID ignore it, the LL got a default judgment against you. And a writ of possession. From that point, you only have a few days before the sheriff posts your notice to vacate, and only a few more before they come to drag you out of there kicking & screaming.
If it weren't so late in the game, the right move would have been to challenge the service claim with a Motion to Quash. You'd be surprised at just how many Plaintiffs get away with intentionally claiming personal service when it didn't happen. Unfortunately, by remaining indignant about it and not taking action when you could have, you lost your opportunity to do anything about it. (BTW: Just filing one would have bought you another month to find a new place, even if you lost your challenge.)
At this point, don't waste your time on what could have been. Concentrate on getting yourself a new place to live so you're not out in the streets when the inevitable happens. Soon. Very, very soon. Oh, and with that judgment against you, good luck with that venture as well.
