disputing proper service

[Harland]

I am the judgement creditor for a claim where I sued for a co-tennant's unpaid rent and was successful..obviously. (Take heart you good guys out there; you shall prevail) The judgement debitor has filed a Notice of Motion to Vacate stating that she did not recieve notice of the action. She was served properly as best I can tell - I live in San Francisco. Her receptionist was served at her workplace by a professional service company and she was mailed the same. What is your thoughts on her sucess using this tactic to vacate?

[This message has been edited by Harland (edited June 07, 2000).]

[This message has been edited by Harland (edited June 07, 2000).]

 

[Tracey]

Check the CA rules on proper service of a summons and complaint. You need to determine whether service by mail is allowed without court order and if the professional service company did it properly. Unless the receptionist was her designated agent for service of summons, serving the receptionist was inadequate. You have to serve the defendant personally or leave the complaint at the def's home with a person of suitable age who resides there.

Make the service company pay for the second trial's costs (filing fees, attorney fees from second trial, etc.).

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.