Q: How can I poop a service say one thing then the response declaration from Child Support contradict proof of service
HOW CAN PROOF OF SERVICE SAY ONE THING AND RESPONSIVE DECLARATION SAY SOMETHING THAT CONTRADICT THE PROOF OF SERVICE
Proof of service says I was served at MY residents and MY co-attendant was sub served (i have proof I was not living there)
Child support responsive declaration to request for order admits that the proof of service is incorrect
Child support States in responsive declaration the service of summons was accomplished in accordance with the requirements of law regarding process service under CCP 415.20 (b) which explains with reasonable diligence they sub served me at a mailing address to who ever answered the door (NO CO TENANT AND THE OWNER OF THE HOUSE WAS TO ACCEPT THE SUB SERVE)
So child support is admitting that it is NOT MY residence, it was NOT MY co tenant, proof of service is therefore void, the judge lacked jurisdiction, judgment should have never been made, time window should have never been opened on me, so everything is irrelevant after the judgement
A:
Hello. What is your question? You have presented an argument to challenge service of a pleading. If this is the argument you wish to make, you'll need to do so at the hearing, either with an attorney or on your own.
You can find many capable attorneys who can assist you here on Justia. Good luck.
A:
I would need to see the proof of service to see if there was valid substitute service. Generally, in California, the rules are that three attempts have to be made at the address to serve you personally. The attempts must be made at different times. For the fourth time, the server must give it to someone over the age of 18 who lives at the residence and instruct her or him to give the paperwork to you. The server must also put a copy of the same paperwork to you in the mail, addressed to you at the address where the substitute service took place.
The issue is whether this was ever your home and/or whether the other person lived there. Even if the sub. service was valid, however, any order against you could be set aside based on lack of actual notice of the hearing, if that's what happened. If you participated in the hearing anyway, the issue of invalid service would have be moot because any objection to jurisdiction would be waived.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
