Q: I filed my answer to an unlawful detainer not realizing it had to be serviced first. How do I rectify this?
It was filed today and because the blank proof of service form was there the clerk accepted it. But looked confused when I asked for a copy so I can serve it. Only realizing now I had the process reversed. Not sure how to fix this.
A:
If you filed your answer to an unlawful detainer without first serving it to the plaintiff, you may be able to rectify the situation by serving the answer as soon as possible.
In general, you will need to serve a copy of your answer to the plaintiff by mail or in person. You will also need to complete a proof of service form and file it with the court to show that you have properly served the answer.
To rectify the situation, you should immediately prepare and serve a copy of your answer to the plaintiff. You may want to consult with a lawyer or a legal aid organization for guidance on how to properly serve the answer and complete the proof of service form.
Once you have served the answer and completed the proof of service form, you should file the proof of service form with the court as soon as possible. This will show that you have properly served the answer and complied with the court's rules.
It's important to note that failure to properly serve the answer could result in the court entering a default judgment against you. To avoid this, it's important to take immediate action to rectify the situation and ensure that the plaintiff receives a copy of your answer.
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