polterfish Posted January 3, 2008 Report Share Posted January 3, 2008 Came home to find a summons not even in an envelope from Chase on my front porch (left in rain). Call me crazy but is it legal to serve this way in California? Link to comment Share on other sites More sharing options...
flacorps Posted January 3, 2008 Report Share Posted January 3, 2008 It is if the statutes and the case law that interprets them say it is. Check for yourself. Keep in mind that you now have "actual notice" since you came home and found it. Timely actual notice prompts courts to overlook a lot of procedural technicalities. You can't afford to ignore it. Link to comment Share on other sites More sharing options...
polterfish Posted January 3, 2008 Author Report Share Posted January 3, 2008 Fabulous, so much for my motion to quash summons service.... Link to comment Share on other sites More sharing options...
debtorshusband Posted January 3, 2008 Report Share Posted January 3, 2008 Came home to find a summons not even in an envelope from Chase on my front porch (left in rain). Call me crazy but is it legal to serve this way in California?Short answer, No, it's not legal service.See the Calilfornia Code of Civil Procedure, Sections, 415.10 and 415.20.To summarize, service must be to you personally, OR, they can leave a copy at your home or office with a responsible individual at least 18 years old. Then they must mail you a copy at the same address.That having been said, you have 2 options.1. Do nothing, and hope to have any eventual default judgment vacated for lack of proper service.2. Treat it as proper service and defend yourself, possibly with an attorney.I'm with flacorps. Option 2 is probably better, and the attorney will likely tell you not to bother with charging "improper service", because obviously you found out, and they can always serve you properly in court when you make this objection. Better to fight back than put your head in the sand.I know, I know, this lets the debt collector "get away" with improper service, but I think it's less grief for you in the long run.DH Link to comment Share on other sites More sharing options...
AboveAverage Posted January 3, 2008 Report Share Posted January 3, 2008 I know, I know, this lets the debt collector "get away" with improper service, but I think it's less grief for you in the long run.DHTo add to that, it's better to lose a small battle (i.e. getting improperly served), then you losing the whole war (i.e. getting the judgement to stick and not having it vacated...). Link to comment Share on other sites More sharing options...
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