Richard Eric Anthony DwyerDivorce / Separation LawyerMountain View, CA ·
If they have your correct name and address, it isn't worth it cost-wise to contest service. As others have pointed out, the other side can substitute serve. A motion to quash service that challenges the efficacy of service would be costly and would have a low chance of success.
If you need to buy time, instruct your attorney to file a demurrer - a motion that challenges whether the complaint states a cause of action upon which relief may be granted. The attorney can set the hearing date several weeks out. While the motion is pending, the other side will not be allowed to conduct discovery. It is a good delay tactic.
Plaintiff's suit may get dismissed without prejudice and refiled when you return. Or the plaintiff could get a continuance of the time required to serve you so they serve you in this same lawsuit. If the plaintiff still wants to pursue this, they'll just wait til you get back to CA. If not. maybe they'll give up and think you're gone for good.
It is doubtful that they will refile, as that is rather costly. How would the process server know if your roommate was telling the truth or not? The plaintiff's process server will most likely hand it to your roommate and then mail a copy to the house. You would then have 40 days from date of mailing in which to hire a lawyer to respond or take one of the other many steps to defend the case. This is known as substitute service and if you fail to timely respond in the case, then a default judgment could then be entered against you.
Robert Stempler (Please see DISCLAIMER below)
www.StopCollectionLawsuits.com
I agree with Attorney Stempler. Since the process server has already made 3 diligent attempts, the process server can come back and effectuate substituted service on you. Therefore, you or your attorney will need to file an answer or general denial within 40 days of the mailing of the copy of the summons and complaint.
The bottom line is that the plaintiff will be able to complete service on you, even if you aren't there. They process server can do substituted service, as indicated above, or service by publication. Or, depending on how much information the plaintiff has about you, a process server could find you in the other state. You are better off addressing the suit on the merits, rather than relying on evading service.
