What is substitute service in California?
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.
What is substituted service of summons?
Under Order 5, Rule 20(1), substituted service can be ordered only where the court is satisfied that the defendant is keeping out of the way, or that for any other reason the summons cannot be served in the ordinary way.
What happens if a summons is not served California?
If the papers are not served in the correct way at the correct time, the court cannot go forward with the case. A person is served when they officially receive the papers.
Can you serve a summons by mail in California?
When the party that has to be served lives out of state, papers can usually be served by sending a copy of the paperwork to be served to that party by first-class mail, postage prepaid, and return receipt requested. The person who mails the papers must be at least 18 and NOT a party to the case.
Can a process server leave papers at your door California?
The best policy is not to enter at all, and to announce service and leave the documents outside the door. The lawful occupier of the property has a right to ask someone to leave. If a process server is asked to leave, and does not do so, they could be subject to a charge of trespass.
How many days before court must you be served in California?
For personal service: Serve your claim at least 15 days before the court date (or 20 days if the person, business, or public entity you are serving is outside the county).
Are court summons sent by certified mail?
Service by Certified Mail You may deliver the Summons and a copy of the Complaint by certified mail. It should be restricted delivery, return receipt requested. Restricted delivery means that only the person you addressed the Summons to can sign for it.
How late can a process server come to your home in California?
Process Servers must follow their own state’s statutes when serving documents. In some states (e.g. Florida), papers cannot be served on Sundays or holidays. In others (e.g. California), some papers cannot be served after a certain time of day (e.g. after 8:00pm).
Do you have to say you’ve been served in California?
But, you know, nobody says “You’ve been served.” You’re supposed to inform them that these are legal papers, but we don’t say “You’ve been served.”