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  • Laus vs. CA

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    cynaracaballes
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    The sheriff attempted to serve summons and a complaint to Laus and John Doe at their address regarding a collection case filed against them by Torres. After waiting only 10 minutes without finding the defendants, the sheriff performed substituted service by giving the documents to an 11-12 year old girl, Josephine Areola, who claimed to be the family's maid. The court held that one attempt for 10 minutes was not enough to justify substituted service, and using an underage girl did not comply with requirements for valid personal service. There was no valid service of summons.

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    Laus vs. CA

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    The sheriff attempted to serve summons and a complaint to Laus and John Doe at their address regarding a collection case filed against them by Torres. After waiting only 10 minutes without finding the defendants, the sheriff performed substituted service by giving the documents to an 11-12 year old girl, Josephine Areola, who claimed to be the family's maid. The court held that one attempt for 10 minutes was not enough to justify substituted service, and using an underage girl did not comply with requirements for valid personal service. There was no valid service of summons.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    13 views1 page

    Laus vs. CA

    Uploaded by

    cynaracaballes
    The sheriff attempted to serve summons and a complaint to Laus and John Doe at their address regarding a collection case filed against them by Torres. After waiting only 10 minutes without finding the defendants, the sheriff performed substituted service by giving the documents to an 11-12 year old girl, Josephine Areola, who claimed to be the family's maid. The court held that one attempt for 10 minutes was not enough to justify substituted service, and using an underage girl did not comply with requirements for valid personal service. There was no valid service of summons.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Laus vs.

    CA
    Facts:
    Torres filed against Laus and John Doe a complaint for the collection of a sum of money. The
    Sheriff proceeded to the petitioners' address to serve the summons and a copy of the complaint.
    Failing to serve the summons personally upon the petitioners after waiting for 10 minutes, he
    resorted to a substituted service through one Josephine Areola, who purportedly represented
    herself to be the maid of the said petitioners.
    Issue:
    Is there a valid service of summon?
    Held:
    NO. failure to find the defendants in their residence on the first and only attempt to effect service
    in person does not justify the availment of substituted service. There was no attempt by the
    sheriff to faithfully comply with the requirments of service in person on the defendant. Worse,
    substituted service was made through a girl who was only 11 to 12 years old.

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