Legal Question in Civil Litigation in California

Re: Proof of Service

It means that after making its due diligence attempts at personal service they served someone at your home or business. you have 40 days from the date that the summons and complaint were mailed to you. If you do not respond by that time a default may be entered against you cutting off your ability to file an answer to the complaint and defend yourself.

Re: Proof of Service

It means you were hiding with the curtains drawn when the process server came, but it doesn't matter, because they then served you by "substituted service" which is mailing of the summons and complaint plus delivery to someone else at your house. If the register of actions does not also say "Request to Enter Default," then you may still respond to the complaint (hint: contact a lawyer right away). If it does, you are in deep water and, unless you are certain you have no legal defense to the lawsuit, you would need to file a motion to set aside the default.

Re: Proof of Service

"Substituted service" is allowed under California law when the process server has not been able to reach. Let's suppose you were in a car accident and wanted to sue the other driver for your injuries. The other driver might have given his home address on the police report. The process serve must attempt to deliver to the other driver personally.

If the husband works during the day, the process server can the lawsuit papers with a spouse or roommate over the age if 18 if certain criteria are met. The process serve then mails a copy of the lawsuit and this gives the defendant extra time to respond to the lawsuit. It is perfectly legall and specifically allowed by law.

Re: Proof of Service

It means the papers were delivered to an address to someone who was above the age of 18, but apparently in charge of the residence or address. It would have been followed up with a mailing to the same address.

A defendant who has been served via substituted service has 40 days from the date of mailing to answer. That is because the service is deemed complete 10 days after the date of mailing in the proof of service. (Code of Civ. Proc. 415.20 subd. (b).)

Very truly yours,

Re: Proof of Service

It means that the summons and complaint have been served on the defendant, although the papers were actually handed to someone else at the home or business. It also means the time to file a response to the complaint is ticking. The failure to file a response will lead to a default judgment being entered against that defendant. Not good.