Do you have to send a demand letter before suing?
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Do you have to send a demand letter before suing?
No, a demand letter is not necessary prior to filing a superior court limited/unlimited jurisdiction lawsuit in California.
Is suing someone worth it?
If you have a strong case and a good attorney, suing a person might be worth the costs. But if your case isn’t as clear and you don’t have a large budget, you may want to think twice before going to court.
Can you sue someone for ripping you off?
If you ever get ripped off for a few thousand dollars, you might not be able to – or need to – hire an attorney. You should consider suing in small claims court. Litigants can file a claim with the court and choose to have their claim heard using a faster and simpler process.
How do you check if someone is suing you?
How to Find Out if Someone is Suing You
- Contact Your County Clerk’s Office. Your County Clerk’s office should be the first place you stop if you believe you are being sued.
- Try Going Directly to the Court.
- Try Searching For Information Online.
- Check PACER.
How do you know if you’re being served?
Several days before the summons Return Date, contact the Clerk’s Office, the Sheriff’s Office or other person authorized to serve process (licensed detective) to determine if your complaint and summons were delivered/served on the defendant(s).
Can you sue someone if you don’t know their address?
Yes, you can sue someone without knowing their address or full name. However, you will have to properly serve them with the complaint and summons of your lawsuit and this will obviously be very difficult.
How do you serve someone if you don’t know where they live?
Here are a few ways that you may be able to use to locate the other party and to ultimately have him or her served.
- Personal Service.
- Send a Letter.
- Search for a Phone Number or Address.
- Use Social Media.
- Pay for a Person Search.
- Consider Contacting Others.
- Search Property Records.
- Use Another Address.
Can someone sue you if they can’t find you?
All depend on your knowing where the defendant is. If you can’t find the defendant personally and do not know where the person lives or works, you won’t be able to complete service, and it probably makes little sense to file a lawsuit.
How do you prove you were never served?
If you haven’t already, go down to the court house and get a copy of the proof of service from the records department. Identify the details of the service (where the services allegedly took place, the description of the person served etc.)
Can someone get a divorce without their partners signature?
The fact is that California is a no fault state and you do not need your spouse’s signature in order to get a divorce. If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.
Can you be served at an old address?
In general, service must be made to the “last known address” of a party.
How many attempts will a process server make?
three attempts
Can a process server tape papers to your door?
In most circumstance as long as the process server can confirm the address and after they have made three attempts (Morning, afternoon & evening) a process server can tape the documents to the door.
Can a process server leave papers with someone else?
Process servers cannot leave papers in a person’s mailbox. By federal law, only authorized U.S. Postal Service employees are allowed to open the mailbox or touch the mail of another person.
What happens if papers Cannot be served?
You cannot serve your own papers. But, in some cases your friend or co-worker could serve your papers, as long as they are not part of the case and 18 years or older. Improper service can cause case delays. You can even risk your case being dismissed.
What happens if the defendant is not properly served?
If you were not properly served, then the court has no jurisdication, or power, over you, and the case should be dismissed. (Though note: it would be a dismissal “without prejudice,” which means the landlord could re-serve you and try again.)
