Legal Question in Business Law in California
Service of process not completed
My aunt has filed a suit against someone for failure to pay a monetary obligation
The sheriff�s department can see the individual through a window but he will not answer the door. How can process be served and what are the options?
2 Answers from Attorneys
Re: Service of process not completed
You can continue to try to catch him at his house. You can serve him at his work. You can sub-serve him, by handing the papers to another occupant over 18 after 3 attempts. Lastly, if these options don't work, you need to file a motion to serve the defendant by publication.
Re: Service of process not completed
There are provisions of law providing for service on another member of the household, followed by mailing, but the process server cannot just slip the papers under the door or do a 'nail and mail' service. The best bet here is to employ a professional private process server; they have more knowledge and proficiency in accomplishing difficult services of process. If you aunt wins, the cost of service of process probably can be added to the judgment as a recoverable cost.
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