Someone left a court summons for a wrong person under my door.

[theeedude]

Apparently a bank is suing this guy for something, but they left the court papers at my door. Never heard of the name. I guess a courier was trying to serve him and got the wrong address. Should I just toss it in the trash or what?

 

[BoomerD]

Depends on your position about being summoned...but the RIGHT thing would be to contact whoever is named as the plaintiff and let them know about the mistake.

 

[theeedude]

Depends on your position about being summoned...but the RIGHT thing would be to contact whoever is named as the plaintiff and let them know about the mistake.

My problem is it also names 15 "Does" I don't want them to go "Tag, you are it" on me

 

[BoomerD]

My problem is it also names 15 "Does" I don't want them to go "Tag, you are it" on me

Ah...you left that part out of the OP...maybe you ARE one of the John Does mentioned...

 

[nonlnear]

Depending on what state you're in, the process server could be in some trouble. What state are you in?

 

[theeedude]

Ah...you left that part out of the OP...maybe you ARE one of the John Does mentioned...

I don't owe any money to that bank. But I am worried that if I call them they will claim that I am one of the Does.

 

[theeedude]

Depending on what state you're in, the process server could be in some trouble. What state are you in?

California. Are they allowed to just leave it at the door? Anyways, just left it at the mailbox. Maybe it's one of the neighbors.

 

[nonlnear]

California. Are they allowed to just leave it at the door?

Sometimes. If they knew that it wasn't the current address then it could get murky.

 

[theeedude]

Sometimes. If they knew that it wasn't the current address then it could get murky.

It wasn't in an envelope, and it didn't have an address on the papers.
The printout was crappy too, like a bad fax, half of it was unreadable.

 

[BoomerD]

http://www.serve-now.com/resources/process-serving-laws/california

§ 415.20

In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing.
If a copy of the summons and of the complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. 15.)

 

[woolfe9999]

Yes that is sub-service, but they have to leave it in the presence of a person, not just stick it under the door.

Anyway, he can't be named as a Doe defendant unless the Complaint is amended to add him by name. If he isn't a named party, he can throw it away. He has no legal obligation to do anything else.

 

[JEDIYoda]

California. Are they allowed to just leave it at the door? Anyways, just left it at the mailbox. Maybe it's one of the neighbors.

short answer -- no..

 

[Vette73]

Mail it back to the court with a note on how it was not processed properly, let alone not even the right person or house.

Banks do s__t like this and get away with it all the time. So do you part and f__k them for not doing things correct. I bet the person who was supposed to get it will say he did not get it and the judge will laugh at him saying the Bank said it was served good enough for me.

So don;t let the real person get messed up by this. Takes a minute to write a note and mail it.

 

[PingSpike]

What is the point of a summons if you're just going to cram it under the first door you walk up too? Mailing a letter would be better than that.

 

[SunnyD]

Banks don't sue John Doe's. Fess up op, whatcha been downloading?

 

[xSauronx]

Banks don't sue John Doe's. Fess up op, whatcha been downloading?

horrible mortgage packages?

 

[mizzou]

Happens all the time. This is why its so difficult to serve people, u think they are there but it is never 100%. If it were me, i would return the mail back to sender. If it wasnt in an envelope, call the court and report improper service.

Dont be surprised if ghey keep trying o serve the guy at your place

 

[lxskllr]

It wasn't in an envelope, and it didn't have an address on the papers.
The printout was crappy too, like a bad fax, half of it was unreadable.

If it's illegible, put it in the circular file. No point in dealing with corporate bureaucracy when it doesn't have anything to do with you.

 

[BarkingGhostar]

Apparently a bank is suing this guy for something, but they left the court papers at my door. Never heard of the name. I guess a courier was trying to serve him and got the wrong address. Should I just toss it in the trash or what?

In my county, ignorance is no excuse for county law. Even if mis-delivered, you are supposed to [somehow] 'know' and expected to make that appearance. If not, the judge will issue an order to have you brought before him or her to explain yourself.

 

[waggy]

I would call the court and let them know they have a someone who is not doing the job correctly. this can and will get people in more trouble if they miss a court date.

one attorney got busted for pulling games like this. HE would claim to have sent them notice of the lawsuit but send it to old adresses and win a default judgement.

 

[Scotteq]

This stuff is the reason I have an attorney on retainer.

<place phone call>

"Heya John, some process server just left a court summons on my door. It doesn't have my name, but it does have some 'John Does' on it.... No, I never used the complaintant's services... Would you have Mary write a letter telling them where to go, please? Thanks!"


Done

 

[Demon-Xanth]

You've been served!

 

[Lemon law]

Summon's of that form is called Sewer service, which is why I think the OP should stop this miscarriage of Justice by making it a matter of public record that the Summons was served incorrectly.

In short I agree with Marlin1975.

 

[marvdmartian]

Run it through the shredder, and mail it to the bank. :sneaky:

 

[Jaepheth]

Have a private investigator deliver it to the person it's supposed to go to and then invoice the plaintiff the PI's cost plus a percentage for yourself.

That's clearly what they want. Why else would they slide it under your door?