Hi all! Does anyone know if a judgment has been properly served if it has been sent by regular mail only. I live in California and have a judgment that was entered in beginning of 2000 that I want to get vacated on grounds of improper service. Also is it too late. I was doing some reading and it seems that I only had 60 days from date of entry of the judgment to file petition. Help!
Heather, I don't know about CA, but here in VA they must be served in person or attached to the door of your current place of residence as well as mailed. I would think these laws are pretty similar in all states, but I don't know for sure. I do know you can go to the courthouse and see whether/where they attempted to serve you in person. You can also ask your questiobs when you go to look at the file. I son't know about CA courts, but the Clerk of Court here is very helpful. I am in the process of having one vacated that was entered in a General District Court here in 1995. I am using an attorney, though, not doing it myself. If anyone in VA wants to see the paperwork, I will be glad to scan it all and send it to you, with personal information removed. Just email me. breeze
I am only 90% sure, but I don't think regular mail constitutes proper service here in sunny CA. Certified/registered with return receipt yes, but not just plopping in the mail. One of the key things required is a signature on a proof of service affidavit that will be in your file. I recommend that you call your local small claims court, they can give you the correct answer without getting into the specs of your case.
Thanks guys. Guess I'll go down to the courthouse and hope the clerks there are as friendly as they are in VA.
