Legal Question in Business Law in California
Small Claims Court: substituded service
I file a small claims court in San Diego, CA with the defendant in Sacramento. A process server served somebody in his House in Sacramento (substituded service). The person is not his wife, but some other woman in the house.
Would this substituded service be enough for the judge on the trial date? Or could one argue that the defendant was not properly served, e.g. moved away and somebody else is living under his address?
3 Answers from Attorneys
Re: Small Claims Court: substituded service
A "competent adult member" of the household may be given the documents, along with a description of what they are, but follow-up by mail is necessary, and the sub-service should be preceded by attempts to make personal service ("reasonable diligence" is required). A licensed process server should know all this, and the return of service signed by the process server should provide the necessary details on how he or she handled it. See Code of Civil Procedire section 415.20.
Re: Small Claims Court: substituded service
Service of process in Small Claims must be personal (or in certain other designated ways), not on someone else. See CCP� 116.340, unless done by the Sheriff.
Re: Small Claims Court: substituded service
As long as the person served was over the age of 18 and lived at the residence, it should be enough, unless the defendant goes to court with proof he did not live there -- such as utility bills, a new driver's license, voting card, etc. Bring an extra copy of the complaint to court with you in case he shows up and complains he was never served. Then you could have the clerk, marshall, or a friend accompanying you hand it to him on the spot.
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