Legal Question in Credit and Debt Law in California
I live in California and have received two separate notices on my apartment door that require my signature from a courier which I believe may be a summons from a collection agency to collect on credit card debt. I have not responded to the notices. I understand they may attempt once more. First, can they leave this with an apartment manager and consider me served or does this have to be signed for by me? Also, if they do not properly serve me what happens next? If this is a summons and they do not receive my signature can they use the "substituted service" claim and go to court anyway and win a judgement?
2 Answers from Attorneys
It would not be effective service of process even if you recive the papers by UPS, FedEx etc. I assume this is the type of "courier" you mean, since I have never heard of a registered process server leaving any kind of notice. They have to serve you personally by a registered process server. There are only three exceptions. 1. They mail or deliver by courier a "Notice and Acknowledgement of Receipt" and you sign and return it. If you receive service that way, and refuse to sign and return it, the service is not effective, but you will be responsible for the cost of personal service after that. 2. If they cannot locate you at your residence, after three tries they can give it to anyone at your residence over 18 years old. This must, however, be at your residence, not another apartment or the apartment complex office. They must then also mail you a copy. This is called "substituted service." 3. If they cannot serve you personally, by notice and acknowledgement, or by substituted service, they can obtain an order that you be served by publication. In that case they will publish a very small fine-print notice in a newspaper of general circulation in the county in which they are suing you. The newspaper will give them proof of publication, which they will file with the court, at which point the court will consider you served. So, the bottom line is: you can probably pick up your courier delivery without concern for two reasons. 1. It will not be effective service, but more importantly, 2. they will get you served one way or another, and hiding from it only increases the amount of costs they will add to the judgement they are going to get against you. So no sense hiding from it.
Maybe it's not a summons. If it is, don't do anything! Before you call a lawyer (not the lawyer for the collection agency).