How to achieve Substituted Service of Process in California.. Well at the beginning of a lawsuit, a plaintiff is required to personally serve and deliver the summons and complaint of his/her cause of action to each named defendant. California Code of Civil Procedure (“CCP”) section 415.10. This personal service of court documents must be made upon the defendant in order to properly summon him/her to court. However, there are certain situations in which traditional service methods will not work. For instance, the defendant may be avoiding service of process altogether. If this is the case, you may be able to utilize substituted service of process. Substituted Service of Process Substituted service of process usually occurs when there has been multiple attempts made to serve a defendant. Under substituted service, if the process server is unable to serve the defendant, they can leave the summons and complaint with someone at the defendant’s house, or work. Anyone who takes the documents for the defendant must be 18 years or older. If the process server leaves the summons and complaint in this alternate manner, the server must mail a copy of the summons and complaint by first-class mail, postage prepaid, to the defendant at the location where the documents were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. This is different than actual personal service, which is effective the day the summons and complaint are delivered. In addition, the process server must file a declaration with the court, explaining in detail the server’s “diligent attempts” to personally serve the defendant. The court requires at least three attempts on different days, at different times of day, and at all known addresses for the party. These attempts must occur during hours at which the party would likely be available. For example, service at a business address must be tried during hours that a party would normally be found at work. The process server must also set forth how likely it is that the defendant is aware of these attempts. Direct Legal Support, Inc. is here to assist you with serving court documents to your opposing party. Direct Legal Support, Inc. can serve any paper or any legal document anywhere in the United States. If you need assistance, contact us today at 800-675-5376. We are here to help you with service of process. If you found this article informative, please feel free to share with others.
Categories
Recent Posts
Archives
- May 2022
- March 2022
- December 2021
- May 2021
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- September 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- November 2018
- October 2018
- April 2018
- May 2017
- March 2016
- January 2016
- December 2015
- November 2015
- August 2015
- June 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- June 2011
- February 2011
Recent Comments