spices Posted September 7, 2007 Report Share Posted September 7, 2007 Hi Everybody,Someone left a summons at my front door. I assume it was a process server but don't know. I searched online public court records and found the case number listed.I live in a state where personal service/sub-service is required, and just leaving it at the front door is considered improper service. I later found through the same online court records search that "Proof of personal service" had been entered, with the service date being the same date as when someone left the summons at my front door. In reality of course there was no personal service at all.Should I wait for the default judgement to be entered and then motion to have it vacated due to improper service/no service, orShould I motion to quash service of summons now because of improper service/no service?I understand that if I motion to quash service of summons now, that they will likely just re-serve the summons right there in the court at the hearing, so I would end up getting served properly at that time and would have gone to all that trouble for nothing.Or should I wait for the default judgement to be entered and then motion to have it vacated due to improper service/no service? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted September 7, 2007 Report Share Posted September 7, 2007 Yes,. wait til they restrain your bank account, too. Link to comment Share on other sites More sharing options...
soulthoughts Posted September 7, 2007 Report Share Posted September 7, 2007 I'm not sure why there really is a question as to what to do? Fight it now. Link to comment Share on other sites More sharing options...
smcfay1 Posted September 7, 2007 Report Share Posted September 7, 2007 You should prepare as if service was proper and make an appearance to contest proper service.Even if the judge does agree with you that service is not proper, you can always be served again, it will not make the case go away. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted September 7, 2007 Report Share Posted September 7, 2007 You need more than "improper service" to vacate or defend a suit. You must also have a DEFENSE. IMO, you need to fight it just as if it was a proper service. Link to comment Share on other sites More sharing options...
spices Posted September 7, 2007 Author Report Share Posted September 7, 2007 There isn't really anything else to defend with.The crooked process server committed perjury by falsifying info/filing a bogus "proof of personal service" form to the court. There was of course no personal service at all.I would like to motion to quash service of summons due to improper service/no service, but understand that their scam is that when someone motions to quash service of summons, they just re-serve the summons right there in the court at the hearing, so I would end up getting served properly at that time and would have gone to all that trouble for nothing.Or should I wait for the default judgement to be entered and then motion to have it vacated due to improper service/no service? What would you do? Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted September 7, 2007 Report Share Posted September 7, 2007 Or should I wait for the default judgement to be entered and then motion to have it vacated due to improper service/no service? What would you do?You can't get a judgment vacated on improper service. Not even if the process server got a default judgment by serving a friend of a friend. You have to have a DEFENSE to the claim also. Link to comment Share on other sites More sharing options...
Methuss Posted September 7, 2007 Report Share Posted September 7, 2007 The crooked process server committed perjury by falsifying info/filing a bogus "proof of personal service" form to the court. There was of course no personal service at all.And how do you propose to prove that? It's your word against theirs and the process server has sworn under oath he did the job as an officer of the court.If you challenge it now as improper service, you will be admitting to knowing about it before the appearance date. If you wait, you will have to show proof the process server perjured himself. By all accounts the process server delivered it to the correct address and filled out the form properly as if he had handed it to you.Do you have a surveillance camera record of it, or something? Because if all you plan on doing is denying that you were served personally, you are going to loose. Link to comment Share on other sites More sharing options...
spices Posted September 8, 2007 Author Report Share Posted September 8, 2007 You can't get a judgment vacated on improper service. Actually it does happen - click Vacating Judgement above. There isn't really anything else to defend with. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted September 8, 2007 Report Share Posted September 8, 2007 Actually it does happen - click Vacating Judgement above. There isn't really anything else to defend with.This site also says that CC are ALWAYS open accounts and we all know that's not true. If you or the OP want to risk getting a judgment in hopes that you can "vacate" it on improper service, go right ahead, but please let us know what happens. My money says, if you don't have a defense, you'll be stuck. Link to comment Share on other sites More sharing options...
jrbauto1 Posted September 8, 2007 Report Share Posted September 8, 2007 Fight it now. If you quash the service as improper, then they are just going to serve you right there. You will be in the same boat. Link to comment Share on other sites More sharing options...
spices Posted September 8, 2007 Author Report Share Posted September 8, 2007 Fight it now. If you quash the service as improper, then they are just going to serve you right there. You will be in the same boat.Yes, but fight it how? With what defense? There isn't really anything else to defend with. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted September 8, 2007 Report Share Posted September 8, 2007 Yes, but fight it how? With what defense? There isn't really anything else to defend with.If you can't afford an attorney, you first bet may be to deny the charges and ask for a bill of particulars or discovery. That will show you exactly what they have on you. Link to comment Share on other sites More sharing options...
spices Posted September 9, 2007 Author Report Share Posted September 9, 2007 If you can't afford an attorney, you first bet may be to deny the charges and ask for a bill of particulars or discovery. That will show you exactly what they have on you.The lawsuit is from the OC and the SOL is still years away. They almost certainly have all the evidence they need for a judgement, and there is no defense other than improper service/no service. Link to comment Share on other sites More sharing options...
mcb11902 Posted September 10, 2007 Report Share Posted September 10, 2007 I was able to quash service when the process server left the summons at my house. They claimed someone refused to open the door; the process server didn't appear to testify (which I'm sure is why I was able to quash service). I brought in my time sheet from work that is electronic and no changes can be made on it once our HR person signs off (and that is time stamped). It also showed my lunch time as 12-1 and that was the only time I could have been at the house; the process server claimed served around 10 a.m. I also brought in my bus pass with an electronic stamp showing I rode the bus to work that day and also rode it home. Express buses only run during rush hour. I created enough doubt; the judge felt the person who refused to answer the door was possibly a child. Well, the process server was lying outright; there's no one home if I'm not home since I live alone. And in Florida, they can't serve you at the courthouse. Now they could have watched for me to leave and serve me on the street, but the attorney didn't do that. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted September 10, 2007 Report Share Posted September 10, 2007 I was able to quash service when the process server left the summons at my house. They claimed someone refused to open the door; the process server didn't appear to testify (which I'm sure is why I was able to quash service). I brought in my time sheet from work that is electronic and no changes can be made on it once our HR person signs off (and that is time stamped). It also showed my lunch time as 12-1 and that was the only time I could have been at the house; the process server claimed served around 10 a.m. I also brought in my bus pass with an electronic stamp showing I rode the bus to work that day and also rode it home. Express buses only run during rush hour. I created enough doubt; the judge felt the person who refused to answer the door was possibly a child. Well, the process server was lying outright; there's no one home if I'm not home since I live alone. And in Florida, they can't serve you at the courthouse. Now they could have watched for me to leave and serve me on the street, but the attorney didn't do that.That's a good point. Process servers are unreliable when it comes to showing up to court. I dealt with one that was TERRIBLE! Link to comment Share on other sites More sharing options...
spices Posted September 11, 2007 Author Report Share Posted September 11, 2007 And in Florida, they can't serve you at the courthouse. Now they could have watched for me to leave and serve me on the street, but the attorney didn't do that.Can they serve you at the courthouse in California? If not, it would be the way to go, but if they are just going to re-serve you properly right there at the hearing, it wouldn't accomplish anything. Does anyone know? Link to comment Share on other sites More sharing options...
spices Posted September 13, 2007 Author Report Share Posted September 13, 2007 This is also an interesting question on a stand-alone basis. Can you be served at a courthouse in California? Link to comment Share on other sites More sharing options...
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