Proof of Service Not Received by Defendant

[reach4ritu]

My question involves small claims court in the state of: California
I hired an attorney to represent me in my Divorce case. The case settlement is done and my attorney served me a bill charging $250/hr at $10,000 (apart from the $4000 already paid ). I refused to sign "CLIENT ATTORNEY AGREEMENT" and requested my attorney to change the hourly rate to $125/hr as $250/hr is something I cannot afford to pay. In Jan 2010 when I refused to pay $10k as her fee, Attorney threatened me saying she filed the "BREACH OF CONTRACT/WARRANTY" against me, on me demanding "PROOF OF SERVICE" she suggested to go for mediation I filed for arbitration, the day came in Nov 2010 when 3 arbitrators in the panel gave a judgement that attorney is entitled to a fee of $253.04 and not 10k. The judgement also stated that the attorney has no competency in family law. In Feb 2011 I sent out a check for $253.04 to attorney. Attorney informed me that she denied the arbitration judgement and filed a civil case "BREACH OF CONTRACT/WARRANTY" on Jan 4th 2011 against me. I went online to OCCOURTS.ORG and purchased the paper work online and found no "PROOF OF SERVICE" filed. I checked online today and see that "PROOF OF SERVICE" was filed on 23rd march 2011. I haven't received any paperwork about the case as of now. Attorney has my current address as I clearly mentioned it on the envelope that I used to mail her the arbitration judgement amount check.
Please suggest me what should be my next step as I did not receive the Case Paperwork and the attorney has filed "PROOF OF SERVICE". Doesn't the procedure require my signature as evidence and acknowledge that I was served with the case papers. If I don't respond to this case on time, as I have not received the case papers what is the next step.
I appreciate your advice as this attorney has been troubling just because she knows law and she has no right to trouble a simple citizen like me who is already overloaded with work to earn their living. And is there a way I can put a stop to her harassments filing a case after case against me.

--Anu

[CourtClerk]

No signature of yours is needed on a proof of service, only the signature of the person doing the serving. If service required the defendant's signature, no one would ever be sued because everyone would refuse to sign.

[reach4ritu]

I did not receive the case Papers till date. Is this some thing that the attorney might do get a default judgement? What should be my next step as I haven't received the papers and can I stop her from proceeding in this case until she serves the proper paperwork.

[CourtClerk]

If you have an attorney, then you need to be talking to your attorney who will have the specifics of your situation.

[DavidForthoffer]

Attorney informed me that she ... filed a civil case "BREACH OF CONTRACT/WARRANTY" on Jan 4th 2011 against me. I went online to OCCOURTS.ORG and purchased the paper work online and found no "PROOF OF SERVICE" filed. I checked online today and see that "PROOF OF SERVICE" was filed on 23rd march 2011.

That proof of service should give the name and address of the court, a case number, and type of service. Was it by mail?

You could petition the court to delay any hearing and ask for her suit, because you never received her complaint.

is there a way I can put a stop to her harassments filing a case after case against me.

After she files and loses several suits against you, you might be able to do something.

[reach4ritu]

Simple logic Court Clerk, if I can hire an attorney why should I approach this site for legal help?????

[DavidForthoffer]

if I can hire an attorney why should I approach this site for legal help?????

Because some cases do not need an attorney.