• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

obvious problem with proof of service

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? CA

This is a situation that has been described before with a new question.

I am fighting a civil harassment order that was granted when I didn't show up for the hearing. I was never served the summons, or any paperwork, a fact that the server even admits to.

When I finally got copies of all of the paperwork I was supposed to have received (I had to pay $8.50 to have copies made and sent to me), amongst MANY other issues, I noticed that the "server" had listed the time of service at 2:25pm on 1/06/2006.

This would be impossible, because the case was not officially filed until 4:42pm on the same date.

I am seeking the easiest route to have this default judgment vacated. Unfortunately, I cannot afford an attorney.

When I posted this question under the domestic violence site, someone mentioned something about a motion to quash service. They also suggested I post in the proper venue. Would this be a possibility, the motion to quash? Again, the proof of service clearly states that the papers were delivered at 2:25pm on 1/06/2006, while the case was not filed until 4:42pm on the same date.What is the name of your state?
 


JETX

Senior Member
Gee, I would love to answer your question.... but since you have been such an idiot on this forum in the past.... I will pass. :D
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top