Legal Question in Civil Litigation in California

does CA Civil Code 415.40 apply to small claims cases? Thank you.


Asked on 4/11/10, 5:40 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Yes. Code of Civil Procedure section 415.40 permits the service of a summons and complaint on a person out of state by certified, return receipt mail. The risk, though, is that the individual might not sign the green card and return it. Then you would face a delay in your case because you would have no way to prove that the lawsuit was served.

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Answered on 4/17/10, 12:12 pm


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