QUESTION

What can happen if the name on the summons is my father’s and on the service is mine?

Asked on Feb 15th, 2017 on Landlord and Tenant Law - California
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2 ANSWERS

Unfortunately, you have not provided enough facts to give a full analysis, but it is possible that your father was served via ?substituted service? on you. Whether that was a proper method of service in your father?s particular circumstance could only be evaluated by knowing a lot more of the surrounding facts. There are circumstances which make the substituted service method valid. If valid in your father?s case, it would mean that good service was achieved on your father and that he now has an answer due within the time stated on the Summons. Your father should immediately seek to meet with an experienced attorney to explain all the surrounding facts so that he can timely take proper action. Failure to do so could result in a default being entered against your father and eventually, a default judgment.
Answered on Apr 28th, 2017 at 7:32 AM

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The courts often do not pay attention to minor errors. If your name is the same as your father's but has a Junior after it, the court will concentrate on whether the intended purpose was served. If your father was the tenant but they served you instead, unless it was after efforts to serve him and you are an adult reasonably likely to give him the summons and complaint, serve on you might be okay as substituted service [proof of service will show in what capacity you were served]. If your father was actually served but they put your name down by mistake, the error likely will be ignored.
Answered on Apr 27th, 2017 at 6:43 AM

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