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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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