Anonymous Posted May 24, 2003 Report Share Posted May 24, 2003 I was sued by my landlord for about 1200,00 $, I was not served correctly in California, they sent me a certified mail in my POBOX and my roomate signed for it and not me.what should I do know???If I try to vacate the judgment can they sue me again or not???thanx for the info Link to comment Share on other sites More sharing options...
kb9tbq Posted May 30, 2003 Report Share Posted May 30, 2003 Depends on how the judge dismisses the case; sometimes they can re-file the judgment again.I keep forgetting the technical difference between the two listings - sry. See we get another in here that can fill in the blanks. Link to comment Share on other sites More sharing options...
kb9tbq Posted June 5, 2003 Report Share Posted June 5, 2003 With Prejudice & without Prejudice is the two terms used when the judgment is dismissed.Think it is without Prejudice that stops the creditor from re-filing again. [Edit by kb9tbq on Wednesday, June 4, 2003 @ 07:56 PM] Link to comment Share on other sites More sharing options...
Widget Posted June 5, 2003 Report Share Posted June 5, 2003 I Pick #1 "With Prejudice" The Creditor can not sue you again. Link to comment Share on other sites More sharing options...
kb9tbq Posted June 10, 2003 Report Share Posted June 10, 2003 <blockquote>Originally posted by WidgetI Pick #1 "With Prejudice" The Creditor can not sue you again.</blockquote> :p Thank you always forgetting that one. Link to comment Share on other sites More sharing options...
LadynRed Posted June 11, 2003 Report Share Posted June 11, 2003 I hate to be the bearer of bad news, but I don't see how there was anything improper about the service of the summons. CA law allows many types of service, personal service only being one choice. CA Code on Service of Process[quote§ 415.10A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a summons without such date shall be valid and effective.(Amended by Stats. 1976, Ch. 789.)§ 415.20 (a) In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing.§ 415.50(a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that:(1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action; or(2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property.( The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served and direct that a copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons. Except as otherwise provided by statute, the publication shall be made as provided by Section 6064 Gov't of the Government Code unless the court, in its discretion, orders publication for a longer period.© Service of a summons in this manner is deemed complete as provided in Section 6064 Gov't of the Government Code.(d) Notwithstanding an order for publication of the summons, a summons may be served in another manner authorized by this chapter, in which event the service shall supersede any published summons.(Amended by Stats. 1984, Ch. 352, Sec. 1.) Link to comment Share on other sites More sharing options...
Widget Posted June 12, 2003 Report Share Posted June 12, 2003 Hee, Hee, kb9tbq I can never keep it straight either so I finally wrote it down.Widget :) Link to comment Share on other sites More sharing options...
kb9tbq Posted June 16, 2003 Report Share Posted June 16, 2003 Thanks LadynRed, sry forgot to point out the differences for being served, but you definitely worded it better than I could have - I take terrible notes; always lost - don't want to see my desk - think this time I am going to simply bookmark the page. lol Link to comment Share on other sites More sharing options...
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