Served without knowing

[elina2010]

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

Me and my now ex. broke up. I moved away and so did, he.

Got an PO box where he lives.
Far way from were I am . He needed it for buisness. I was not going to be around that area and didnt expect any mail sine I changed all my mail one by one.

Now found out that he have gotten court papers for me in the PO box that have been forwared from the old address. Pappers that was not expected.

He emailed long after the date I had to respond.

What do i do?

He knew what he was doing . He just didnt care.

We were never married and I trusted him.

 

[davidmcbeth3]

check with the court clerk & see whats up...also ask if a PO box is suitable for service of papers (I would think not unless you agreed to it beforehand). You dont state what type of court papers so most folks are likely just scratching their heads

 

[CourtClerk]

also ask if a PO box is suitable for service of papers (I would think not unless you agreed to it beforehand).

You would think incorrectly.....

 

[justalayman]

CC, aren't summons sent "do not forward"?

and it appears the OP did not file a change of address with the PO so even if they do forward, they shouldn't have since the addressee had not forwarded their mail to the PO box.

 

[CourtClerk]

Well, first we'd have to figure out WHAT the OP was served with...

however, the Court will ONLY serve Small Claim's complaints via certified mail, and no, they aren't sent do not forward, however, they are sent restricted delivery.

Everything else is served using a process server, sheriff or any other adult third party.

If this is a Mailboxes, etc. type PO box place, then absolutely, they can be served there.

 

[elina2010]

I moved and shared a PO box with my ex.
Didnt expect any mail since I changed address with all that needed my address.I sure never knew about court papers.

Ex didnt give me the papers . They went to my old address and was forwarded to the PO box.
I dont know if anything went to my former home since we left. \
We left 3 months ago. The court papers were sent 2 months ago. I was told about a month ago.
I have had no other mail to the PO box according to him .And I dont miss any mail.

 

[CourtClerk]

And so ONE MORE TIME....

WHAT PAPERS WERE SERVED?

 

[justalayman]

Well, first we'd have to figure out WHAT the OP was served with...

however, the Court will ONLY serve Small Claim's complaints via certified mail, and no, they aren't sent do not forward, however, they are sent restricted delivery.

Everything else is served using a process server, sheriff or any other adult third party.

If this is a Mailboxes, etc. type PO box place, then absolutely, they can be served there.

If by restricted, you mean per the USPS:

from the USPS:

There are times when you have sensitive mail - confidential legal documents, important contracts, negotiable instruments, even classified documents - that you have to make absolutely certain get into the hands of one person and one person alone. For this, the USPS offers Restricted Delivery - be absolutely certain that your mail is received only by the addressee (or in limited cases, a designated agent).

With Restricted Delivery, the mail carrier will request proof of the recipient that they are the addressee or agent, and will have them sign for the package.

This service does not guarantee a delivery date (outside of regular service commitments) nor provide insurance by itself.

If a signature by the addressee or agent is requirement, then there was no proper service UNLESS the mailbox employee is an authorized agent. (that might be possible due to the contracts entered into. I don't know)

the OP still has not addressed how her mail would be forwarded to the PO box. She stated she:

didnt expect any mail sine I changed all my mail one by one

and

Didnt expect any mail since I changed address with all that needed my address.

which, to me, means she did not put in a change of address so her mail would not be forwarded.

and as CC said; knowing what was served upon the OP would help.

 

[latigo]

I fail to see how this mysterious mail was routed is of any material consequence.

If the mailing contains a copy of a claim in small claims court sent by the clerk and the OP has not receipted for it, then there has been no effective service of the claim by the fact of mailing.

Furthermore, there is nothing mentioned in the California CCP about either certified or restricted mail. By Rule all that is required is that the clerk mail a copy of the claim in a form “providing for a return receipt”.

And UNTIL “receipt of proof that the claim was served” (either a signed and return receipt for the mail or personal service) the clerk cannot legally set a date for the hearing on the claim.

Should the mailing contain copies of complaint and summons filed and issued out of Superior Court, the mailing alone would not suffice whether the OP receipted for the mailing or not.

 

[elina2010]

Lived in a house with my ex.
There was an HOA. Moved 3 months ago. HOA knew that we were moving. No problems with them no money owed.
Mail was changed from the house address to a PO box mainly for the ex. He stayed in that area. I moved away from the area. PO box had my name on it to just incase .
I changed all my personal mail directly to the address I have now.
Since I wouldnt be able to go and check it. I also didnt need it since there were no bills or anything like that.

After a month since the move HOA send civil court papers to the house address. They ended up in the PO box. Rember nothing was owed to them and they knew I was moving.

Ex only goes to the PO box every 2 weeks to check his mail.

 

[davidmcbeth3]

Lived in a house with my ex.
There was an HOA. Moved 3 months ago. HOA knew that we were moving. No problems with them no money owed.
Mail was changed from the house address to a PO box mainly for the ex. He stayed in that area. I moved away from the area. PO box had my name on it to just incase .
I changed all my personal mail directly to the address I have now.
Since I wouldnt be able to go and check it. I also didnt need it since there were no bills or anything like that.

After a month since the move HOA send civil court papers to the house address. They ended up in the PO box. Rember nothing was owed to them and they knew I was moving.

Ex only goes to the PO box every 2 weeks to check his mail.

I give up on this one .. lack of what papers were served is the issue.

 

[justalayman]

[E=latigo;2680195]I fail to see how this mysterious mail was routed is of any material consequence.

because if it was sent to an address that was not the OP's, regardless of it being signed for not, it is not proper service. unless the person signing is an authorized agent of the OP.


OP has since altered the telling of the story a bit though that may have caused the PO box to be an official and accurate address for them.

as well, OP fails to answer the question of: what court was the summons for. Without that, anything is a guess as to good or bad service. It sounds like defective service is probable and the OP can file for an extension to answer but again, without knowing what it is, everything is a guess.

 

[elina2010]

I thought it was very clear in my last paragraph that it was civil summons to appear in court.

That ,according to my ex., that HOA suddenly decided that I owed money. Which I dont.
And they knew that I (we) moved and there was no problems with anything when I moved about any money owed.

So that was a big suprise to me. And to my ex. to.

I still have not seen the paper work . Ex has them. And this is way past the time to answer them..

 

[latigo]

I thought it was very clear in my last paragraph that it was civil summons to appear in court. . .

Well, you did NOT make it “very clear” that the mailing contained a CIVIL SUMMONS!

Prior to this last post of yours the nearest you came to answering several question is that “HOA send (sic) civil court papers to the house address”.

And “civil court papers” doesn’t mean squat! There is a myriad of assorted "civil court papers”.

Furthermore, a civil summons does not direct the defendant “to appear in court”. It doesn't order anyone to do anything!

A subpoena may order a person to appear in court, but a summons only gives notice of a pending lawsuit and the time within which the defendant may file a responsive pleading or motion.

If it takes this much effort to drag simple information out of you, why the hell did you post in the first place?

 

[elina2010]

Well, you did NOT make it “very clear” that the mailing contained a CIVIL SUMMONS!

Prior to this last post of yours the nearest you came to answering several question is that “HOA send (sic) civil court papers to the house address”.

And “civil court papers” doesn’t mean squat! There is a myriad of assorted "civil court papers”.

Furthermore, a civil summons does not direct the defendant “to appear in court”. It doesn't order anyone to do anything!

A subpoena may order a person to appear in court, but a summons only gives notice of a pending lawsuit and the time within which the defendant may file a responsive pleading or motion.

If it takes this much effort to drag simple information out of you, why the hell did you post in the first place?

You dont need to be rude.

I dont know anything about courts or their procedures. I have never been in side one.