Not served either papers . Complaint or Osc. Do I just show up for the Osc of do I file an answer.
Personal Injury Lawyer
From the sounds of it, I am assuming that you are referring to an "order to show cause" seeking a default judgment against you for failing to timely answer a complaint. It is curious that you have not received either set of papers. If it is a default judgment that is being sought, an attached exhibit would have to be an affidavit from the process server attesting to the manner of service, as proof that you were served. Additionally, when an OSC is used, the court usually includes a direction as to how service of the OSC is made and a time restriction as to when service of the OSC has to be completed (I defer to my CA colleagues if procedures are different in your State) and then an Affidavit has to be provided to the court before or by the hearing date of the OSC attesting as to how it was served. In my opinion, it is playing Russian roulette not to address the OSC. Get a copy from the court file and then prepare a opposition papers which attest under oath that you were not served with the original process, and an explanation as why that is so (ie- out of the country; do not live/work at the address where service was alleged to have been made, etc.) and any other points showing the error in the affidavit of service. You would also want to point out that the OSC was not served on you. However, and if you really want to do what is to your greatest benefit, you would run, not walk, to an attorney and consult with him/her as to the best interest for you, based upon the details you provide that attorney.
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It depends on the nature of the case and what you want to do. OSC hearings are set for a variety of reasons and unless you have been served with process you are free not to respond unless and until you are served. For example, OSCs are frequently set re service of process. If so, that hearing does not pertain to the defendant but the plaintiff. I recommend that you consult counsel. The earlier you retain an attorney the better. Good luck.
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I agree with Attorney Schwimmer, check out the court file and see what the OSC is about, if it is a default or something like that, you need to know. Get yourself a lawyer ASAP.
Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.
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