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thebigjdoe

Illegal Summons witnessed by Home Owner! Does it matter?

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So I used to live at a house and when I moved out, I knew the people that were moving in.  I saw a summons filed [on the online court case doc] over a month ago and had not heard anything from them.  I just got a call from the person who now lives at my old house.  They said.

 

Someone(Deebag) knocked on the door asking for me, they said that it was the wrong house.  Shortly later, as they (new tenant) were leaving they saw the envelope sitting on the driveway!!!  After they (Deebag) were told I did not live there, they had the wrong house, they proceeded to throw my summons in the middle of a random persons (as far as they know) driveway.  wtf really?

 

Can anything be done about this?  Something seems very illegal about the whole situation.

 

Any idea's, advise? thanks!!

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So I used to live at a house and when I moved out, I knew the people that were moving in.  I saw a summons filed [on the online court case doc] over a month ago and had not heard anything from them.  I just got a call from the person who now lives at my old house.  They said.

 

Someone(Deebag) knocked on the door asking for me, they said that it was the wrong house.  Shortly later, as they (new tenant) were leaving they saw the envelope sitting on the driveway!!!  After they (Deebag) were told I did not live there, they had the wrong house, they proceeded to throw my summons in the middle of a random persons (as far as they know) driveway.  wtf really?

 

Can anything be done about this?  Something seems very illegal about the whole situation.

 

Any idea's, advise? thanks!!

 

It isn't illegal but it is improper service.  One way to handle it is to have the new occupant take the papers to the court and inform them that the server was told by them in person that the defendant did not reside at that address and they had the wrong house but opted to throw the papers in the driveway anyway.  The court will verify their ID and then should update the records to reflect that legal service was not obtained.

 

It isn't a FCDPA violation if that is what you are thinking because lawsuits are public records and ANYONE can look you up and find out you are being sued and for what.  

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@Clydesmom

 

What the process server could possibly be considered illegal because was informed that the defendant doesn't live at that address.   If no one had been home, and the process server merely left the summons on the porch of the wrong address, that would be improper.  The reason there's no FDCPA violation is because the FDCPA doesn't apply to process servers.

 

However, the process server should be reported to the proper authorities.

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Am I going to see my case move from summons filed to summons served?  Does this really count as service? 

 

What if I don't want to have the new tenants bring it to the courthouse?  Is it time to start a new thread and fight these scumbags?

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Well - if the process server files a proof of service, I would get affidavits from the new tenants stating the events that occurred.

 

The affidavits would be included in 3 things:

 

  1. The motion to quash service (if proof of service is filed);
  2. The report you will file with the local district attorney - as false proof of service is considered fraud on the court. 
  3. The civil fraud suit that you will file with the process server - don't let that guy off the hook... in California, process servers are required to carry a $2,000 surety bond. File the suit, then serve on both the scumbag sewer server and their surety company (should be on file with the county). The surety will most likely call to settle - and they will cancel the bond - putting that process server out of work. 

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Hiding out will not keep you from going to court! There are several ways they can get legal service on you, and they will. If you continue to hide it can be called "Willfull blindeness" Meaning yuou knew about the service or what was be attempted and you blindly closed your eyes to it.

 

Either have the tenenants take it to the ciurt and let them tell them, or you do so and get it in the right court. It will bite you big time if you don't.

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"Service of process" means that the other side must get copies of any paper you file with the court.

 

Until the other side has been properly "served," the judge cannot make any permanent orders or judgments.

 

In “personal service”: 

The server gives the papers to the party being served. It can be at the party’s home, work, or anywhere on the street

the server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.

 

If the party being served does not want to take the papers, they can be left on the ground in front of him or her. 

 

If he or she takes the papers and tears them up or throws them away, service is still considered to be valid.

 

The person being served does not have to sign anything.

 

The server then fills out a proof of service, detailing when, where, and how (in person) the papers were served.

 

The server signs the proof of service and returns it to plaintiff to file in court

 

Write up a “Declaration of Due Diligence,” which is document for the court detailing every attempt he or she made to serve the papers in person. It should include the dates he or she went to the house or work, times of day, and what the result was (for example, “No one answered the door” or “Party not in the office”). The server has to sign this document under penalty of perjury.   There is no form for this, but the server can use a Declaration (Form MC-030).

 

Fill out a Proof of Service, detailing when, where, and how the papers were served. The server has to make sure to write the name of the person he or she left the papers with (or a detailed physical description). The server signs the Proof of Service  with the Declaration of Due Diligence, to file in court.

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thebigjdoe

 

If you don't get served they will post an add in the Sunday paper or some other means then after the time runs out they will get a default judgment against you.

 

Its a lot easier to fight these from the beginning then at the end.

 

Look on line and find out who is suing you and give them your address.

 

Then when you get sued post up the plaintiffs allegations and we will get busy.

 

In the meantime start studying these

http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html THE CODE OF CIVIL PROCEDURE OF CALIFORNIA

http://www.courts.ca.gov/rules.htm court rules

http://california-discovery-law.com/ rules of discovery

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thebigjdoe

 

If you don't get served they will post an add in the Sunday paper or some other means then after the time runs out they will get a default judgment against you.

 

Its a lot easier to fight these from the beginning then at the end.

 

Look on line and find out who is suing you and give them your address.

 

Then when you get sued post up the plaintiffs allegations and we will get busy.

 

In the meantime start studying these

http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html THE CODE OF CIVIL PROCEDURE OF CALIFORNIA

http://www.courts.ca.gov/rules.htm court rules

http://california-discovery-law.com/ rules of discovery

 

I agree with what the above poster suggested.

 

I was sewer served here in California in the summer of 2012.  After much research I decided to fight the case rather than the service.  4 months later the JDB dropped their case because I hit them hard and fast with a BOP and 27 discovery request within three weeks of being served.  There were so many balls in the air they missed deadlines and messed up big time on my ROGS-they responded to 11 ROGS when I only sent 10.

 

 

Carol-Lynn

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thebigjdoe

 

If you don't get served they will post an add in the Sunday paper or some other means then after the time runs out they will get a default judgment against you.

 

Its a lot easier to fight these from the beginning then at the end.

 

Look on line and find out who is suing you and give them your address.

 

Then when you get sued post up the plaintiffs allegations and we will get busy.

 

In the meantime start studying these

http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html THE CODE OF CIVIL PROCEDURE OF CALIFORNIA

http://www.courts.ca.gov/rules.htm court rules

http://california-discovery-law.com/ rules of discovery

Great info, thanks a bunch.

 

At the moment the online docket reads "Cv Summons Filed"

 

So this means my 30 days has not started yet, correct?

 

I'm guessing any day that will be changing, and I'll just get the summons one way or another and start a new thread.

 

I'm still wondering if I want to fight this myself, or just get an attorney (who will likely want to settle).  This is with Persolve who I hear is difficult to deal with.

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This would be more (and very) applicable if it were the case you did not find out about the service until after the fraudulent filing of "proof' of service became known to you.  For example if there was a summary judgment because of this, THEN you found out what actually happened, you could show the court that not only should the judgment be vacated, but the plaintiff should gain no advantage whatsoever for the prior suit file (if it is now past SOL ... they lose).  That's in addition to asking the court to sanction the plaintiff's process server, possibly disallowing them to do service for some period of time, like maybe forever.

 

But once you know you are served, all this becomes much harder.  The best you can do is have the court calendar reflect the date you become aware as the date you were "served".  Things like sanctioning the process server should still be possible ... "he intended to commit deceit on the court".

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