Legal Service and Legal Lawsuit

[ths]

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

I found lawsuit forms for small claims court on my doorstep. I was out of state at the time and live by myself. The forms are for my girlfriend who lives in Missouri. The plaintiff has listed my address as where my girlfriend (the defendant) lives. She has never lived there. A proof of service has been filed by sub-serving "John Doe". I was never served in person. Plaintiff submitted proof of service where they lie and say they handed the lawsuit papers to me, which never happened.

Is this a legal service? Can a person in California sue in California small claims court against a person living in Missouri?

Also, the defendant will not be showing up for this case in court. Defendant submitted a request for dismissal citing that she does not live in California and lives in Missouri. Also, that she has not been legally served since she does not live at address where substituted service "supposedly" took place. Either way, defendant does not live there. The court has now answered the request for dismissal by saying "You must go to court if you want to be heard." They are not looking into the fact that the defendant lives in Missouri. Since the plaintiff has said the person lives in California, which is not true, they are going with that. They are also mailing letters to the defendant at my address while the lawsuit papers say the defendant's mailing address is in Missouri. What needs to be done now as the defendant will not be at the trial since she is in Missouri? Can I show up to court, if it goes that far, and be heard that is was an improper service since I am supposedly "John Doe"?

Thanks for your help.

 

[sandyclaus]

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

I found lawsuit forms for small claims court on my doorstep. I was out of state at the time and live by myself. The forms are for my girlfriend who lives in Missouri. The plaintiff has listed my address as where my girlfriend (the defendant) lives. She has never lived there. A proof of service has been filed by sub-serving "John Doe". I was never served in person. Plaintiff submitted proof of service where they lie and say they handed the lawsuit papers to me, which never happened.

Is this a legal service? Can a person in California sue in California small claims court against a person living in Missouri?

Also, the defendant will not be showing up for this case in court. Defendant submitted a request for dismissal citing that she does not live in California and lives in Missouri. Also, that she has not been legally served since she does not live at address where substituted service "supposedly" took place. Either way, defendant does not live there. The court has now answered the request for dismissal by saying "You must go to court if you want to be heard." They are not looking into the fact that the defendant lives in Missouri. Since the plaintiff has said the person lives in California, which is not true, they are going with that. They are also mailing letters to the defendant at my address while the lawsuit papers say the defendant's mailing address is in Missouri. What needs to be done now as the defendant will not be at the trial since she is in Missouri? Can I show up to court, if it goes that far, and be heard that is was an improper service since I am supposedly "John Doe"?

Thanks for your help.

You should understand that you have no standing to defend your girlfriend in court. And
the plaintiff will have to show up in court and present his case to the judge in order to even think about winning.

CA law allows someone to appear in court via telephone. I highly recommend that your girlfriend put in the request ASAP to do so.

I also suggest that your girlfriend provides definitive proof (you may be able to present it, or she could fax it to the court) that shows she lives out of state and not in California. And you should present some evidence showing that you could not possibly have been at home to personally receive the summons the plaintiff claims they sub-served you. The idea here is to show the court that they plaintiff could not possibly have served her with notice that is legal and valid. As the person who allegedly received the defective service, you should at least be able to give testimony on that point, while your girlfriend can be on the phone challenging the validity of the service.