What to do if I’m being sued by a creditor but I think that service was improperly made?

I received the summons in regular (non-certified) mail. When I called to inquire, the county clerk informed me that a “substitute service” occurred on a specific date/time at my residence (specific unit #)with a “John Doe” signing. This must have been fabricated as no one other than me is ever at my residence (and certainly nobody was authorized to receive service on my behalf). Do I have any options to address this? Am I regardless, considered properly served even if they made this up?

Asked on November 16, 2012 under Bankruptcy Law, California


eric redman / Redman Ludwig, P.C.

Answered 8 years ago | Contributor

if they get a judgment anyway, then you have to show a valid defense to set it aside.  if you owe the money, make payment arrangements or file bankruptcy to get a complete fresh start

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.