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  1. #1
    Join Date
    Jan 2020
    Posts
    2

    Default Served by a Child What

    My question involves court procedures for the state of: California
    I was served Small Claims Court documents by a child. Am I supposed to report this so it doesn't happen again.
    It blew my mind. The case involves towing fees for a car I sold. DMV confirmed the notice of release of liability and I have the bill of sale, etc.
    I can't get this off my mind though.
    Please advise...
    Thank you.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,988

    Default Re: Served by a Child What

    Quote Quoting raydonovan
    View Post
    My question involves court procedures for the state of: California
    I was served Small Claims Court documents by a child. Am I supposed to report this so it doesn't happen again.
    It blew my mind. The case involves towing fees for a car I sold. DMV confirmed the notice of release of liability and I have the bill of sale, etc.
    I can't get this off my mind though.
    Please advise...
    Thank you.
    It definitely was not valid for a child to have served you the paperwork.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,069

    Default Re: Served by a Child What

    Quote Quoting raydonovan
    View Post
    I was served Small Claims Court documents by a child. Am I supposed to report this so it doesn't happen again.
    I'm not sure what you mean by "supposed to report" or to whom you think you might report this, but you're under no legal obligation to report this to anyone. Since service of process cannot legally be made by a minor, you can choose to file a motion to quash service or, since you have actual notice, you can simply show up at the hearing and defend yourself.

  4. #4

    Default Re: Served by a Child What

    Quote Quoting raydonovan
    View Post
    My question involves court procedures for the state of: California
    I was served Small Claims Court documents by a child. Am I supposed to report this so it doesn't happen again.
    It blew my mind. The case involves towing fees for a car I sold. DMV confirmed the notice of release of liability and I have the bill of sale, etc.
    I can't get this off my mind though.
    Please advise...
    Thank you.
    What a sob fest! Have you given any thought of undergoing psychotherapy as a means of ridding yourself of this delusional obsession? In the meantime consider your legal options:

    You can respond to the service of process disregarding the method of service and present what appears to be an ironclad defense; or

    You can foolishly stand on your principles, ignore the service of process allowing the claimant to obtain a default judgment. Then spend months in attempting to have the judgment vacated because of a procedural technicality. And praying that that the judge will accept this melodrama as legally excusing you from filing a timely appearance in the case and wasting the court's daylight.

    Not to mention dealing with the hit to your credit score.

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