Can somebody else claim my certified mail?

[cbay]

What is the name of your state (only U.S. law)? California

Hello,

I'm being taken to small claims court. My dad and I have very similar names and I use his mailing address. The court papers were "served" via certified mail. My dad thought the mail was for him, went to the post office and signed for the mail. The person suing me filed the proof of service with the courts using my dad's name..so it doesn't show *I* received anything. (I'm a female, by the way.) The person suing me also used "Mr." twice when referring to ME in the court forms. Is this acceptable for somebody else to sign for me?

I feel like when the proof of service with somebody else's name is a little odd.

Thanks.

 

[quincy]

What is the name of your state (only U.S. law)? California

Hello,

I'm being taken to small claims court. My dad and I have very similar names and I use his mailing address. The court papers were "served" via certified mail. My dad thought the mail was for him, went to the post office and signed for the mail. The person suing me filed the proof of service with the courts using my dad's name..so it doesn't show *I* received anything. (I'm a female, by the way.) The person suing me also used "Mr." twice when referring to ME in the court forms. Is this acceptable for somebody else to sign for me?

I feel like when the proof of service with somebody else's name is a little odd.

Thanks.

Your father can answer the complaint saying he was served in error and is not a party to the case. Because he was served with the documents, however, he must respond.

Your father's response to the complaint stands only to delay the action that you know is coming, as the person/entity suing you will no doubt make corrections and serve you properly next time. That is if they are not up against the statute of limitations for filing.

 

[FlyingRon]

And the answer is, yes, anybody at the address can sign for certified mail. If you want it for a specific person at the address, you have to add RESTRICTED DELIVERY.

If he is named on the papers, he must respond. If you are named on the papers, even though he retrieved them, you have served. The certified return is all the proof of service the court needs. Civil service only be made to some person at your residence.

 

[quincy]

And the answer is, yes, anybody at the address can sign for certified mail. If you want it for a specific person at the address, you have to add RESTRICTED DELIVERY.

If he is named on the papers, he must respond. If you are named on the papers, even though he retrieved them, you have served. The certified return is all the proof of service the court needs. Civil service only be made to some person at your residence.

Oh. I might not have read the original post carefully enough. FlyingRon is correct.

I understood you to say that both the certified mail AND the court documents are in your father's name. A "Mr." alone on the documents, if used with your correct name and not your father's name, would not be an issue.

 

[cbay]

No worries...

judge ruled in my favor anyway. Thanks for the input. =)

 

[quincy]

judge ruled in my favor anyway. Thanks for the input. =)

That was fast.

The judge ruled in your favor on the service or the legal action?

Whatever the case, it appears to be positive news. Thanks for the update.

 

[Zigner]

judge ruled in my favor anyway. Thanks for the input. =)

Really? You either waited until the absolute last minute to ask (dumb move), or you are lying (also a dumb move.)

If you are telling the truth, then it was just dumb luck with which you won.

 

[quincy]

Really? You either waited until the absolute last minute to ask (dumb move), or you are lying (also a dumb move.)

If you are telling the truth, then it was just dumb luck with which you won.

"Being sued" yesterday and a judge deciding in her favor today seems rather remarkable. California small claims courts are to be applauded for their efficiency.