Q: Civ-120 title and date, before it was served.
Title section of civ-120.
Plaintiff/Petitioner Defendant/Respondent
Defendant: the same that on title of the case (multiple defendants) ?
Or
Defendant against whom entry of dismissal was entered?
Date of section filled by Plaintiff must be current date, or date of civ-110?
A:
When completing the CIV-120 form (Proof of Personal Service) in California, it's important to fill out the title section and date correctly to ensure the proper proof of service. Here's how you should approach the title section and date:
Title Section:
- Plaintiff/Petitioner: Enter the name of the plaintiff or petitioner as it appears on the complaint or petition.
- Defendant/Respondent: Enter the name of the specific defendant or respondent who was served with the summons and complaint, even if there are multiple defendants in the case. If you are serving multiple defendants, you will need to complete a separate CIV-120 form for each defendant served.
- The title should match the title of the court case exactly as it appears on the summons (CIV-110) and complaint.
Date Section:
- The date entered in the CIV-120 form should be the actual date when the server signs the proof of service, which should be on or after the date when the defendant was personally served.
- This date does not need to match the date on the summons (CIV-110). The summons date is typically earlier, as it is issued by the court before the service process begins.
In summary:
1. In the title section, list the specific defendant who was served, even if there are multiple defendants in the case. Complete a separate CIV-120 for each defendant served.
2. The date on the CIV-120 should be the current date when the server signs the proof of service, not the date of the CIV-110 (summons).
Remember, accuracy in completing these forms is crucial to ensure proper proof of service and avoid potential challenges to the validity of the service in the future.
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