Can I sue someone for lying about serving me a summons?

UPDATED: Jan 23, 2012

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Can I sue someone for lying about serving me a summons?

I was notat home and the guy served my friend. The process server checked off on his papers that he served me personally so I was forced to respond in 5 days versus 15 days?

Asked on January 23, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Technically you cannot sue someone for lying on a prrof of service that you were personally served with the summons and complaint when you were not. However, you can file a motion to quash the service of the summons and complaint and ask for sanctions against the person who supposedly personally served you with the summons and complaint.

To be on the safe side since you have in hand the summons and complaint sub-served upon you, I would get your answer to the complaint filed in five days of the sub-service as opposed to the fifteen.

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 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.

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