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Thread: summons not served correctly California

  1. #1
    Junior Member
    Join Date
    Apr 2008
    Posts
    6

    Default summons not served correctly California

    today i got served.

    however the summons do not contain the name and address of the court.

    contains plaintiff's name, my name, our addresses, case number and clerk number, but no way to identify out of hundrends of courts.

    should I:

    - do nothing, since i have no way to find out where to go to file my defense
    - do some research, locate the court and then file a motion to dismiss on the grounds of missing of required information from the summons?
    - other ways -?

    thanks,
    radu

  2. #2

    Default

    You need to find out what court. If they show "proof of service" (you were served) and you fail to show a default judgement can placed against you

  3. #3

  4. #4
    Junior Member
    Join Date
    Apr 2008
    Posts
    6

    Default that's funny

    that's funny. there might be hundreds of courts in california. should i hire an investigator to find out where should i go? )

    for me it seems like, even if they can show proof of service, if i can show proof of summons to be wrong or not containing required information is invalid. what if it was missing all the information? i would have got a summons with only my name on it and that's all. lol!

    correct me if i'm wrong.

    can i file a motion to dismiss the case based on this?

  5. #5

    Default

    If you do you must find the court! Laugh all you want if you fail to appear and they provide proof you were seerved they can get a judgment against you.

  6. #6

    Default

    You sued you and you even know why. Finding the court should be simple. Chances are its your county court. You say you live in CA ok let say you reside in Kern county well then Kern County court would be best guess.

  7. #7
    Junior Member
    Join Date
    Apr 2008
    Posts
    6

    Default

    got it. i will locate it. can i file some kind of a motion to dismiss this trial based on this issue? i belive this box was left maliciously empty so i can not respond to summons (it's a teanant - landlord situation so i have only 5 days to find court and file defense)

  8. #8

    Default

    You can but its not likely you will be successful. However there is no harm or fine for trying. In meantime this site would be good for you to read and the information in it could be useful in court

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