Service Date v. Filing Date

This is a discussion on Service Date v. Filing Date within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I live in California. My friend filed court papers on 10/16/09 and served the individual through the police department on ...

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Old Oct 21st, 2009, 02:04 PM   #1
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Default Service Date v. Filing Date

I live in California.

My friend filed court papers on 10/16/09 and served the individual through the police department on 10/18/09. Unbeknownst to my friend, the individual then turned around and had my friend served on 10/19/09 with court papers that had been filed 10/13/09. My friends papers were filed in the county where they both lived. The individual had moved out and to another county and that is where he filed. There are two counties involved.

My question is who's papers are in effect? And what laws apply to this kind of quandary?
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Old Oct 21st, 2009, 05:37 PM   #2
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Default Re: Service Date v. Filing Date

Whoever served first wins.
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Old Oct 21st, 2009, 05:38 PM   #3
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Default Re: Service Date v. Filing Date

But contact the courthouse where both parties live too to confirm.
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Old Oct 21st, 2009, 05:38 PM   #4
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Default Re: Service Date v. Filing Date

Tell your friend to go to the Family Law Facilitator's office. Every county in CA has one.
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Old Oct 22nd, 2009, 11:19 AM   #5
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Default Re: Service Date v. Filing Date

yeah I used them and they were quite helpful for the basics!
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