Legal Question in Credit and Debt Law in California

Re: serving papers

No, it is not legal for a process server to "substitute serve" or leave a copy of a summons and complaint with a minor - it can only be left with an adult. That being said, however, it depends upon the age of the minor, and what he or she looks like - the process server might get some relief from the Court if the service of process is challenged if the recipient in question looks like they are over 18. I know a lot of 15 to 18 year old boys and girls who I would easily mistake as being 20+. Now, if it was a REAL minor (obviously not age 18), then the process server did not accomplish proper service. The problem is that you will have to file a motion to quash service of the summons, which is expensive, and will only delay slightly the prosecution of the underlying lawsuit. You may be better served to just deal with the lawsuit itself and not worry about the improper service.

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