Filed Answer to unlawful detainer on time (5 days), but not copy of Proof of Service. Big mistake??

[angfisher25]

Jurisdiction

California

In unlawful detainer/eviction case, I filed forms with the Clerk/Court, but my friend had not served/delivered the papers to landlord's attorney yet, so had no POS to file with the Court. Confused about whether that means I didn't file in time because it was incomplete??
Lady at Clerk's Office said usually people file everything at once, and for me to just mail the POS copy to the Clerk when I got it, so that calmed me down a bit. But now I'm worried because my friend isn't serving my Answer to other side until tomorrow, which is about 6 days PAST the 5-day deadline!
I simply thought it was more important to get the papers to the Court within the five days than serve the Plf., and how can I turn in a POS copy to the Court if it had not happened yet??
I've read up on this, but only see that "You must file with the Court within the time frame..." I don't see anything like, "Make sure you file ALL forms with the Court, so be sure it is delivered to the Plaintiff first."
If I made a big mistake and have "failed to follow the process" or whatever... I don't understand how one is expected to 1.) decide if they want to answer, pay overdue rent if that's the case or get out, 2.) get a lawyer, if they choose to, 3.) get forms, 4.) fill them out, 5.) go over with attorney or Self-help office, 6.) get person to deliver the forms to Plaintiff -- or Express Mail, reg. mail, FAX, etc. 7.) deliverer fills out POS and gets it back to me, 8.) I go file with the Court -- and hope there is no long line!!
HAVE I MESSED UP?
Thank you! The more answers, the more helpful in this ugly situation!.

ATS

 

[adjusterjack]

I don't understand how one is expected to 1.) decide if they want to answer, pay overdue rent if that's the case or get out, 2.) get a lawyer, if they choose to, 3.) get forms, 4.) fill them out, 5.) go over with attorney or Self-help office, 6.) get person to deliver the forms to Plaintiff -- or Express Mail, reg. mail, FAX, etc. 7.) deliverer fills out POS and gets it back to me, 8.) I go file with the Court -- and hope there is no long line!!

If one wants to win a lawsuit one figures out how to do all that, or one loses. It's that simple.

I simply thought it was more important to get the papers to the Court within the five days than serve the Plf., and how can I turn in a POS copy to the Court if it had not happened yet??

You don't.

Which is why you don't rely on friends to serve court papers. You use a professional process server.

I simply thought it was more important to get the papers to the Court within the five days than serve the Plf., and how can I turn in a POS copy to the Court if it had not happened yet??
I've read up on this, but only see that "You must file with the Court within the time frame..." I don't see anything like, "Make sure you file ALL forms with the Court, so be sure it is delivered to the Plaintiff first."

When you represent yourself in court, you are bound by the rules of court. It's not up to the court to provide you with play by play instructions. If you make assumptions without really understanding the rules of court you lose.

Any time you file papers with the court you have to serve them on your opponent otherwise filing the papers with the court is meaningless and your answer can be dismissed for lack of service, leaving your opponent in control of the case.

Another post of yours mentions that you are being evicted from your apartment and implies that it's for non-payment of rent. If that's the case then I don't see any defense to the eviction. What is it you are trying to accomplish with the answer to the complaint?

And please stop opening new thread every time you have a question about your troubles. It's all one topic and we should have to jump around from thread to thread trying to figure out what's happening. Stay in this thread for keep, please, no matter what.

 

[angfisher25]

If one wants to win a lawsuit one figures out how to do all that, or one loses. It's that simple.



You don't.

Which is why you don't rely on friends to serve court papers. You use a professional process server.



When you represent yourself in court, you are bound by the rules of court. It's not up to the court to provide you with play by play instructions. If you make assumptions without really understanding the rules of court you lose.

Any time you file papers with the court you have to serve them on your opponent otherwise filing the papers with the court is meaningless and your answer can be dismissed for lack of service, leaving your opponent in control of the case.

Another post of yours mentions that you are being evicted from your apartment and implies that it's for non-payment of rent. If that's the case then I don't see any defense to the eviction. What is it you are trying to accomplish with the answer to the complaint?

And please stop opening new thread every time you have a question about your troubles. It's all one topic and we should have to jump around from thread to thread trying to figure out what's happening. Stay in this thread for keep, please, no matter what.

Well, I appreciate the time you took to reply. Darn it, I thought the judge was going to call my personal cell number and give me a play-by-play... don't judges normally do that for everyone?! That was a silly thing to say, but made me smile. I've made no assumptions whatsoever as I have studied very thoroughly, researched, and learned more than enough about unlawful detainer, the eviction process, summary and formal, writs, etc. Heck, maybe I'll check out some law schools tomorrow.
I sure am real sorry, sir, that I'm not a pro at this site yet, and I might make the mistake about the "new thread" again in the future until I have mastered it. But I will definitely think of you and your sweet and helpful attitude every single time I screw up.

By the way, I called the Court Clerk and explained, she said I was fine, no worries at all. She said it happens all the time. She was so friendly and helpful... quite a lady, and obviously a very happy person.

 

[adjusterjack]

I called the Court Clerk and explained, she said I was fine, no worries at all. She said it happens all the time. She was so friendly and helpful... quite a lady, and obviously a very happy person.

Well, don't bask in the glow of Ms Happy for too long. Court clerks aren't allowed to give legal advice. It'll be up to the judge to decide if you filed and served properly.

 

[angfisher25]

Well, don't bask in the glow of Ms Happy for too long. Court clerks aren't allowed to give legal advice. It'll be up to the judge to decide if you filed and served properly.

Oh my goodness, Mr. adjusterjack, you are a hoot. You are rude and your replies are just for YOU, they certainly are not sincerely to help someone or share your experience to benefit someone else perhaps. They are unnecessary and reek with ego. The Clerk was not giving me "advice." She simply told me not to worry, that it happens all the time. That's called kindness and compassion and wanting someone to feel better because perhaps they made a mistake... instead of making them feel stupid, which is incredibly immature. Maybe something to help ypu, maybe not: Look up the word "Advice." PLEASE don't respond, as this is really ridiculous.