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  1. #1
    Join Date
    Jan 2011
    Posts
    5

    Default How to Contest a Proper Service of Process

    My question involves court procedures for the state of: California.

    I am a defendant in an unlimited civil case for personal injury. The plaintiff is in the process of filing a Default because I did not file an answer within the allotted time. The reason for not filing an answer is because I was not properly served. I received the summons, but I have never signed any papers acknowledging I have been served.

    The judge said, since I did not file an answer, I would have to contest the service. I've no clue how to do that; specifically if there is a form to do this with.

    Is there anything I can do to prevent the court from awarding the case to the plaintiff by default? Will filing an answer now benefit me, or am I just wasting money by filing it? If I lose, will the amount awarded be determined by the court or will the plaintiffs automatically win what they are asking for?

    Please let me know if there is any other information I should include.

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