What happens when the process server didn’t file?

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What happens when the process server didn’t file?

We were served papers for eviction process and we went to the court house but they said that the server .did not file his papers

Asked on January 26, 2018 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the process server did not serve the paperwork in time (the court gives them a certain time after filing the papers to serve them) then technically the matter is not on in court.  If, however, he did properly serve but not file the affidavit then it still is not on because the court has no knowledge but the matter may still be a viable action.  It just delays your time to answer the pleadings.  I would find an attorney to review the matter with you.  It is a tricky area of the law. Good luck.


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