Legal Question in Civil Litigation in California

Copy of small claims substitute service returned

I had the defendant served by substitute service to a competent adult that lives at the defendant's mailing address. The adult agreed to give the court papers to the defendant. The second copy of the order to go to court was mailed to the same address, but that copy was sent back with a ''return to sender'' and ''person does not live here anymore.'' Is the service still good even though the required second copy was returned unopened? Can the returned summons copy be used against me in court?


Asked on 3/13/09, 9:58 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Copy of small claims substitute service returned

You are required to serve and mail a copy, but the law does not require that the mailing be successful. If where you sent it is the last known mailing address, you have complied with the law. If you have time, resend it with a request thta it be forewarding to the current address. If the defendant appears in court they have basically accepted service andthe judge wil not require you to re-serve them [take along another copy of the Summons and Complaint and serve them agains in court].

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Answered on 3/14/09, 1:05 pm


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