Legal Question in Business Law in California
Defendant showed up to court after being served by sheriff claiming he didn't receive summons because he doesn't live at that address anymore so he wrote his new address on my attorneys folder my attorney loses the address and we attempt to serve defendant by certified mail with an amended complaint at the address he claims he didn't live at anymore, package was returned unclaimed and defendant didn't show up to next hearing. Is there a court rule that defendant must file an address with the court after making an appearance. and also i have a separate family law case open with same defendant who has filed an address with the court at the address he claims he doesn't live anymore.is there a motion i can file for evasion of service or contempt of court?
2 Answers from Attorneys
Serve him at the address that he has listed with the court. If he contests service, point out to the court that he has listed that address with the court.
I disagree with the first answer. I appears that the court agreed that service was improper at the old address. In essence, the defendant made a "special appearance," contesting the court's jurisdiction. This type of appearance differs from a "general appearance," which would require the defendant to file responsive papers that include his or her contact information.
If you can't find the defendant for you new case, perhaps you can notice the defendant's deposition or a hearing, in the family law case. Then, when the defendant shows up, you can have the defendant served by someone other than yourself. There are also companies which will investigate the defendant's whereabouts, and, if after a diligent search, you can request leave to serve the defendant by publication in a newspaper.
There are more options, too. I am just suggesting a few that are practical and inexpensive.
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