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How can a erroneous declaration of non service help me win my case?

Sacramento, CA |

I am being sued in California for about $20,000. I do not believe the debt is accurate. I have not been served. I just happened to find my summons on the Court Website. They have also filed a declaration of non service. They stated the house is vacant with no blinds or phone. I have been living here for years. In fact, I was served for a different lawsuit a few weeks later at the same address. Nothing has changed at my home. How can this dishonest declaration help me? Thanks so much.

Attorney Answers 3


It can be the basis for a motion to quash service or a motion to set aside a default judgment.
But you should not fool around or delay. If you have been sued and they claim you have been served, then if you do not file a response, they can get a default judgment against you.
You need to get a response on file asap.
$20,000 is a lot to risk by defending yourself. Go talk to a local attorney immediately.

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I agree. If you don't believe the debt is accurate you need to defend yourself. Challenging service will involve much of your time and will only delay the inevitable. Plus, any default (automatic) judgment against you will include attorney fees etc. As my colleague has said, you really should get an attorney. Another option would be to contact the opposing attorney/party and come to an agreement on the amount owed and try to make payment arrangements.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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3 lawyers agree


Talk to a local lawyer who can evaluate your options.

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