What Happens if the Defendant is not the one that signs for the Certified Mail?

[CalBayArea2]

I am going to send a demand letter via Certified Mail Receipt - to the individual's house, as required before serving a small claims. But what if his wife answers and signs for the mail? Does it matter? How does that work if he claims he never saw it/got it?

Thanks

 

[FlyingRon]

Demanding what?

If we're talking about a simple debt the fact it was sent by ordinary mail is a presumptiont that they got it Such correspondence doesn't need to meet the proofs that official service need be. However, even service can typically be received by any adult at the defendant's domicile.

You need to explain just what it is you're talking about and confirm that this is taking place in California (your user name is a hit, but the forum DID ask and you deleted that prompt).

 

[quincy]

CalBayArea2, it is best on this forum to keep all related questions to one thread so information does not have to be repeated. You already have two recent threads.

An adult in the home can accept service.

 

[CalBayArea2]

Demanding what?

If we're talking about a simple debt the fact it was sent by ordinary mail is a presumptiont that they got it Such correspondence doesn't need to meet the proofs that official service need be. However, even service can typically be received by any adult at the defendant's domicile.

You need to explain just what it is you're talking about and confirm that this is taking place in California (your user name is a hit, but the forum DID ask and you deleted that prompt).

You're correct, I do recall that now, I quickly deleted it this time thinking it was some default message thing.
I had posted my state in previous threads, but overlooked it this time.

Yes, it's California. It's demanding a payment the person has not paid for services.

 

[CalBayArea2]

response

CalBayArea2, it is best on this forum to keep all related questions to one thread so information does not have to be repeated. You already have two recent threads.

An adult in the home can accept service.

Okay, I thought it was best to post it as a separate thread, since it's a completely new question, and related to "pretrial" stuff vs the small claims section.
(I will delete this thread later then when you guys have a chance to see my reply.)

 

[quincy]

There is no need to delete this thread, CalBayArea2. A lot of posters think they need to start a new thread if they have a new question but it is preferred on this forum that all related questions are kept to a single thread. It is easier for the forum members when providing advice to have all of the information in one place.

Just add any other questions you have on your lawsuit to this thread from now on. Thanks.

By the way, I did receive your private message. Sorry I didn't respond to it sooner. The answer to the question you asked is "yes." The fellow you are suing potentially could sue you too but there does not appear to be any reason for him to do so. So he probably won't.

 

[CalBayArea2]

Posting a further question here related to the case. California.

Regarding judgement by a judge, does a judge have the ability to reverse monetary verdict against the plaintiff instead?
Say he completely disagreed with the plaintiff, and felt it is actually the plaintiff who should be paying the defendant. Can a judge do such a thing?

 

[Zigner]

The other party would have to ask for the money (a counterclaim) - the judge won't just do it.


As for your demand...it doesn't even HAVE to be in writing. You can ask verbally.

 

[CalBayArea2]

The other party would have to ask for the money (a counterclaim) - the judge won't just do it.


As for your demand...it doesn't even HAVE to be in writing. You can ask verbally.

Okay, so a counterclaim would be an entirely new case then I presume, where he sues me.

Yes, I did via email and verbally and have proof of it. However, was told it would show better to a judge, by having a formal letter mailed and certified signed as received. Was going to do it anyways, can't hurt.

 

[Zigner]

Okay, so a counterclaim would be an entirely new case then I presume, where he sues me.

It would be heard at the same time.

Yes, I did via email and verbally and have proof of it. However, was told it would show better to a judge, by having a formal letter mailed and certified signed as received. Was going to do it anyways, can't hurt.

That is all that's legally required.

 

[CalBayArea2]

It would be heard at the same time.

That is all that's legally required.

At the same time? So my defendant can sue me, while I'm suing him, in the same hearing? He doesn't have to serve me first like I did with him?

 

[Zigner]

He doesn't have to serve me first like I did with him?

Where did you get that idea from?

Please research what you are told a bit before coming back with new questions. It will help YOU.

 

[CalBayArea2]

Where did you get that idea from?

Please research what you are told a bit before coming back with new questions. It will help YOU.

From your response, that a counterclaim "It would be heard at the same time."
I font think it will be an issue anyways, thus disregard.

 

[quincy]

Do you fear that you cannot show the court that the fellow owes you money, or is your concern that the guy might be able to show the court that you owe him money instead?

You have said that your defendant owes you for "services." What is this lawsuit all about?

Knowing that can perhaps help us help you determine if the guy might have a counterclaim.