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Improper Service?

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w8n4ufo

Guest
We live in California - My husband and I filed a small claims case against our former landlords(also husband and wife). They were properly served copies of our claim. They filed a defendent's claim, but I don't think they followed proper procedure in serving us with copies of their claim. I was served personally and my husband's copy was left with me as well. Wouldn't my husband's copy be considered to be served by substituted service since it was given to me and not him. The proof of service form states that if a copy is left at the dwelling house with someone other than the person named(we were each named individually as defendants) that a copy would also need to be mailed to the person at the place where the original copies were left as well. He has not recieved any copies by mail of the claim. If he is not properly served before the court date, how will this effect everything?
 


I AM ALWAYS LIABLE

Senior Member
w8n4ufo said:
We live in California - My husband and I filed a small claims case against our former landlords(also husband and wife). They were properly served copies of our claim. They filed a defendent's claim, but I don't think they followed proper procedure in serving us with copies of their claim. I was served personally and my husband's copy was left with me as well. Wouldn't my husband's copy be considered to be served by substituted service since it was given to me and not him. The proof of service form states that if a copy is left at the dwelling house with someone other than the person named(we were each named individually as defendants) that a copy would also need to be mailed to the person at the place where the original copies were left as well. He has not recieved any copies by mail of the claim. If he is not properly served before the court date, how will this effect everything?
My response:

The case goes on as to you. As for your husband, he writes a letter to the court saying what you've said here. However, it may come to nothing because whatever happens with you in court will affect your husband anyway.

IAAL
 

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