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  1. #1
    Join Date
    Sep 2009
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    2

    Default Service of a Small Claims Lawsuit

    My question involves court procedures for the state of: California

    I found lawsuit forms for small claims court on my doorstep. I was out of state at the time and live by myself. The forms are for my girlfriend who lives in Missouri. The plaintiff has listed my address as where my girlfriend (the defendant) lives. She has never lived there. A proof of service has been filed by sub-serving "John Doe". I was never served in person.

    Is this a legal service? Can a person in California sue in California small claims court against a person living in Missouri?

    Also, the defendant will not be showing up for this case in court but has filed a request for a dismissal based upon not being served and living in Missouri. Can I show up to court, if it goes that far, and be heard that is was an improper service since I am supposedly "John Doe"?

    Thanks for your help.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Legal Service and Legal Lawsuit

    A California small claims lawsuit must be served upon a defendant who is physically present in the state.

    If you're not a party, you have no standing to request a dismissal, but you could help your out-of-state friend out by (a) informing her of the lawsuit so she can take appropriate steps to protect her interests and (b) going to court to explain that you were served in her stead, she has never lived at your address, and she lives in another state (then the court will decide how to proceed). You're not a party so I can't promise that the court will let you speak, but small claims court is typically pretty informal.

  3. #3
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Legal Service and Legal Lawsuit

    Defendant submitted a request for dismissal citing that she does not live in California and lives in Missouri. Also, that she has not been legally served since she does not live at address where substituted service "supposedly" took place. Plaintiff submitted proof of service where they lie and say they handed the lawsuit papers to me, which never happened. Either way, defendant does not live there. The court has now answered the request for dismissal by saying "You must go to court if you want to be heard." They are not looking into the fact that the defendant lives in Missouri. Since the plaintiff has said the person lives in California, which is not true, they are going with that. They are also mailing letters to the defendant at my address while the lawsuit papers say the defendant's mailing address is in Missouri. What needs to be done now as the defendant will not be at the trial since she is in Missouri?

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