I showed up in small claims court to sue the defendant and he didn't show up. I served him through the courts and had a person over 18 serve him. The court clerk said she did not receive the registered return receipt card and the judge schedule another date. I got the tracking number and found out he was served a month and a half before the trial date. If I send the judge documents showing he was served in time can he close that case and proceed to the next step?
once the court has scheduled another date, you just have to wait....bring all those documents with you the next time....and make sure the other side is notified.
You'll need to have a process server complete a proof of personal or substitute service, or the judge will eventually dismiss for lack of service. Service requires all elements of the statute be satisfied, or the judge will not hear the case or allow you to proceed. The only exception would be if the defendant shows up for the trial, which waives defects in service.
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No, if there is no certified mail return receipt, the court will assume the defendant was not served (the only exception being if the defendant still shows up for the small claims trial). At this juncture, providing the documents to the court now makes no difference since you would still have to do a "prove up" to be entitled to a judgment. You will now need to provide notice to the defendant of the new trial date.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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