anaheim-gazette 1958-03-06

LAW IN ACTION DON'T IGNORE A SUMMONS Under "due process of law" no court will render a judgment against you unless you have been given notice of the lawsuit and have had a chance to tell your story. Jokesters laugh at the character who is always dodging the process server. But once you have received reasonable notice under the law the court will hear the case against you, ready or not. And if you are not there or represented the judge may well render a "default" judgment against you. Such notice may be indirect when published in a newspaper. It may be direct as when the process server or peace officer hands you a copy of the complaint and summons. You may be served personally by a peace officer or by any competent adult. And you had better read and act on these papers. Don't think you can avoid being served by just leaving the state. A new California law gives a court jurisdiction over a person who lived here when the cause of the action arose—when he had the automobile accident or broke the contract, even though he left the state before the action started or the summons was served. Finally, don't skip a summons just because a court in another state issued the papers: Like California, many states have laws which say in effect that by using the state's highways the non-resident driver—that could be you—agrees to accept service of process in lawsuits resulting from highway accidents. Sometimes service is made merely by sending the papers to the agency which corresponds to California's Motor Vehicle Department. Ignore such a summons and the court may give a "default" judgment with teeth in it. Note: California lawyers offer this column so you may know about our laws. 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