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

Answers:

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


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