Legal Question in Credit and Debt Law in California

I understand that you may Also be served by a creditor by way of "substitute service" where someone over 18 can be delivered papers to your home or place of employment, which could apparently get a judgement against you without you or representation going to court.

What if one does not have a place of employment and is homeless, but has a public collection address, with a certified form sitting in it waiting for an answer?

Imagine that it may be possible for a server to wait for me to show at the collection address, or could they deliver to any place other than a place of employment/residence-- say, a friend's/temporary shelter/family's? Thank you for your consideration.


Asked on 12/05/11, 5:55 pm

1 Answer from Attorneys

They cannot serve you just by certified mail. They can serve you anywhere that you primarily reside. If you are totally transient, never staying in one place, they cannot get you that way either. But if they can establish a place where you regularly reside, such that leaving the papers with a person there and mailing to you at that address is reasonably certain to get the papers to you, they will be able to effect service there. You also have to bear in mind that even if they get service wrong, unless you dispute it, they can still get a judgment. So if you know you are being sued, evading service only buys you time at best, and runs the risk that they will get defective service that appears valid and will get a default judgment against you, which will cost you a lot of money to then fight (trust me, you don't win a defective service motion without an attorney).

Read more
Answered on 12/05/11, 11:40 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California