Legal Question in Civil Litigation in California

I heard that in California a process server cannot serve papers during the hours of 11PM and 6AM. Is that true?


Asked on 1/15/10, 11:33 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

A process server must act in a reasonable fashion. Waking some one up when they have already gone to bed usually is not reasonable [but if the person has for weeks avoided service, it might be reasonable]. I do not know of any law restricting the actual hours [what if the person works a night shift, leaves very early in the morning to avoid traffic when going to work, etc.] Most laws have somewhat sound reasons behind them, so if you are not sure of the legality of something, think out what the reasons pro adn cons are for the law. Also remember that the local government might also have ordiances covering the topic.

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Answered on 1/21/10, 9:23 am


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