samsam Posted April 20, 2007 Report Share Posted April 20, 2007 I live in Calif. The summons was place in my open mailbox on 3/26 and was filed in court on 3/26. In my state, the law says they can only do that if they also serve it in the presense of a member of the household and mail a copy by first class mail. "Service of a summons in this manner is deemed complete on the 10th day after the mailing." ccp 415.20(I got through to the clerk's office (a miracle) who only told me that the proof of service was filed with the clerk's office on 4/5. Since, 4/5 is 10 days after it was placed in my mailbox, is it safe to assume that the thirty days runs from 4/5 and I have until 5/5 to answer? Link to comment Share on other sites More sharing options...
direred Posted April 20, 2007 Report Share Posted April 20, 2007 If they placed it in your mailbox and it didn't go through the USPS, be sure to file a complaint with the postal inspector. Link to comment Share on other sites More sharing options...
answer2prayer Posted April 21, 2007 Report Share Posted April 21, 2007 If they placed it in your mailbox and it didn't go through the USPS, be sure to file a complaint with the postal inspector. direred: Don't understand...Why file a complaint with postal inspector? In some states it is totally legal to just "hang it on your door". If her state allows it she can't complain with USPS for anything...samsam: I believe, someone correct me if I'm wrong please, that your 30 days starts actually from the date you were served not the day they prove service!?You might call the county clerk back again and ask them. They are usually pretty helpful with questions of that sort. Now, the next question is a possible defense of some sort since you say:"In my state, the law says they can only do that if they also serve it in the presense of a member of the household and mail a copy by first class mail.":?: Some of the more experienced can maybe give you some advise on that! Good luck! Link to comment Share on other sites More sharing options...
direred Posted April 21, 2007 Report Share Posted April 21, 2007 It's illegal for anyone but the post office (or the person whose mailbox it is) to put anything into a mailbox or take anything out of it. Link to comment Share on other sites More sharing options...
answer2prayer Posted April 21, 2007 Report Share Posted April 21, 2007 That's true...wasn't thinking of it that way. Was thinking only about the violation of the service!! That is good, as then the USPS could file on them! Link to comment Share on other sites More sharing options...
samsam Posted April 23, 2007 Author Report Share Posted April 23, 2007 The usps is not going to do anything about it. I was more concerned that under the law it was to be left in the presense of a person in my household and followed up with a copy by first class mail. They didn't do this. I ended up calling the atty's office and they claimed service on 4/12. It doesn't matter now since I settled the claim. Probably for too much but still I think it covers the principle of what I borrowed so I can't complain. Unfortunately, I can't celebrate since I received another summons today from Cap One.The way I interpret the law on service, one is considered served 10 days after the copy is mailed. States may differ. Thanks for all your imput. It's a stressful situation and it's nice to know somebody is trying to help. Link to comment Share on other sites More sharing options...
answer2prayer Posted April 23, 2007 Report Share Posted April 23, 2007 The way I interpret the law on service, one is considered served 10 days after the copy is mailed. States may differ. Correct me if I'm wrong, you experts out there, but for SERVICE, it is NOT 10 days after the copy is mailed!!!....it is from the actual date "they claim" you were served...which could be by mail (BUT must be by requiring signature...which, I believe in some states, does not have to actually be your signature)...it could also be service in person (by sheriff, private processing, etc.)...or can even be hanging notice on your front door....now on letters that just state "you have 10 days from the date of this letter to respond" type thing sent to you by regular mail....you can use this in your defense if you have to...because many times by the time you actually receive the letter you may actually only have a couple of days to respond....due to:them printing the letter but not mailing it out on the day they printed it and then mail time in POs, etc. to you....(always keep the envelope with dates stamped on it !!)Again, I stand to be corrected, if I am wrong! How about it you more experienced out there ? Link to comment Share on other sites More sharing options...
samsam Posted April 23, 2007 Author Report Share Posted April 23, 2007 http://www.megalawserve.com/states/ca.phpDate of service depends on the manner in which it is served and the laws of the state. "Service of a summons in this manner is deemed complete on the 10th day after the mailing." See CCP 415.20 (. I don't see how a party can be considered served until the service is "complete." The code section states that it is completed after a copy is left at the home/business in the presense of someone, and 10 days after a copy is sent via mail. You really need to look up the specific laws of the state in which you live. The link should help you find those laws. Link to comment Share on other sites More sharing options...
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