San Marcos, CA asked in Landlord - Tenant for California

Q: My landlord recieved a summons to appear in court with my name on it. I live in a different residence. Was I served?

The envelope had her address but my name on it. I live in a different city and county then she does.was I leagaly .served. I have never seen or touched this document.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Substituted service is allowed when the process server cannot find the person at home but there is someone there over 18, then they mail it to the address. But you said this was at a different residence, city and county. The problem is that if you ignore it, you could end up with a default judgment against you, and then you have a bunch of work to get that off. You should contact a local Civil Litigation Attorney to discuss it with him, after you get your hands on the paperwork and see what is in the Summons and Complaint. The way you describe it, it is not valid service, but again you take a risk that the Plaintiff will file a proof of service on you and get a default.

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