Sheriff Service Deadline Validity

Summary

In California, the Sheriffs failure to serve papers before the deadline could affect their validity. Court rules strictly enforce service of process deadlines. Generally, you have six months to serve a set aside motion after the judgment. The motion should be served at least 16 court days before the hearing, plus 5 calendar days if served by mail. Court holidays and weekends do not count towards the 16 court days but do count towards the additional 5 calendar days if served by mail. Always consult a legal professional or court clerk for specific guidance.

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CA
In California:
- The Sheriff's failure to serve the papers before the deadline could affect their validity.
- Court rules strictly enforce service of process deadlines.
- You should consult with a legal professional for advice tailored to your unique circumstances.
How long do I have to serve a set aside motion
In California, you generally have six months to serve a set aside motion after the judgement. However, there can be exceptions and variations, so you should consult a legal professional to get accurate information suited to your case.
How long do I have to serve the set aside motion before the court date
In California, the set aside motion should be served at least * court days before the hearing, plus * calendar days if the service was by mail. However, it's advisable to check with a legal professional or the court clerk for your specific situation.
If the court hearing is on March 1st and I serve it on February 7th is the serve invalid
In California, if the hearing is on March 1st and you served the motion on February 7th, it should be valid. This is because it falls within the requirement of being served at least * court days before the hearing. However, please double-check with a local attorney or court clerk.
Do holidays count towards the 16 days
In California, court holidays do not count towards the * court days. However, if the service was by mail, you add * calendar days, which can include holidays. This is a general guideline, so always check with a legal professional or court clerk for your specific situation.
What about weekends
In California, weekends do count towards the additional * calendar days if the service was by mail. However, they do not count towards the * court days. Please consult with a legal professional or court clerk to confirm.