Legal Question in Credit and Debt Law in California

Re: Question about Proof of service (substitued)

I assume that you are not referring to a small claims matter. Under California law, substitute service is deemed complete 10 days from the date of the follow up mailing. Leaving the Summons and Complaint with someone at your home or place of business is not sufficient. The process server must then mail you another copy of the Summons and Complaint.

Let's suppose that a process server attempted to serve you at home while you were at work. After a certain number of tries, your wife answered the door and was handed the Summons and Complaint. If the process server went back tothe office and mailed you the necessary followup copy, you would have 40 days to respond. If the mailing was delayed for 3 days, you would have 43 days to respond and so forth.

In order to avoid any doubt, I always tell clients to assume they have 30 days. You never know what a process server might say in a proof of service, so I recommend using the 30 days as your bench mark unless you have a written agreement with opposing counsel regarding when your response is due.