Legal Question in Civil Litigation in California

Normally certified mail is not a valid method of service unless you are out of state. But you would be better off responding to the lawsuit than arguing over service. You have 30 days. Do not hire your attorney on day 28. Maybe the lawsuit is covered by your insurance.

The 30 days to respond is based upon the date of service of the summons, not the date the complaint is filed. Service by mail is normally invalid in California. If the court is out of state, then you would have to check that state's law to see if service by mail is valid in that state.

You have no duty to respond to an improperly served summons. However, if they manage to get a default judgment against you, even though service was improper, then you will be in a tough position of having to convince the court that the judgment should be vacated due to invalid service.

If you fight with them about invalid service, then all they have to do is serve you properly to fix the problem. What do you gain by making them do that? Probably not much, maybe a few days.

I agree with Mr. Stone. It is usually much easier to just answer the complaint than to go through all that.

In California, a certified letter alone is not service. If you received a summons and complaint in the mail, you may have been served by substituted service. This means that the papers were left with someone over the age of 18 at your residence or addresss, and then copies of the summons and complaint were mailed to you. If this happened, you have 40 days from the date of mailing to answer the summons and complaint. Service by substituted service is deemed complete on the 10nth day after mailnig, so a defendant served in this manner has 40 days after mailing to respond. (Code of Civ. Proc., sect. 415.20 subd. (a), (b).)

The other method of authorized service by mail is service by mail coupled with an acknowledgement of receipt. If the defendant receives this, the defendant has the option of signing the acknowledgment and waving further service of process. If the defendant refuses to acknowledge receipt, the plaintiff must serve via another method, but the defendant becomes responsible for the cost of such service, regardless of the outcome of the lawsuit. (Code of Civ. Proc., sect. 415.30.) In this situation, service is deemed effective on the 30th day after the defendant signs the acknowledgment. (Code of Civ. Proc., sect. 415.30 subd. (c).)

Service by mail on people out of state is accomplished by mailing the summons and complaint by first class mail, postage prepaid, with a return receipt requested. Service is deemed complete on the 10nth day after mailing, so the time to respond or answer is 40 days from the date of mailing. (Code of Civ. Proc., sect. 415.40.)

In Small Claims courts in California, there is a procedure for the Court Clerk to mail a copy of the claim and order on the defendant by mail, pursuant to Code of Civil Procedure section 116.340.

Mr. Stone's claim that certified mail is not a valid manner of service is obviously not completely accurate. I would need more information to give you a precise answer, and to let you know whether you could even challenge service.