Legal Question in Civil Litigation in California

Proper service - civil - small claims (district court)

Civil Case - A plaintiff in another state requests the local District Court to use First Class Mail as a substitute service for the summons and complaint to a defendant in California. The court approves and mails the summons/complaint via first class mail.

Is this proper service or can it be contested?

What if the defendant returns the letter unopened marking ''Return to Sender''?


Asked on 6/19/06, 11:34 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Proper service - civil - small claims (district court)

The service is good! The Court says so! Service rules arise from the State where the case arises=== so if Ariz says that is a good service, California will agree, etc.

If a service is NOT EFFECTIVE because the person has moved or the mail is otherwise not deliverable, then service might not be good in the other state. Really, fighting service is not worth it. Some time at 2:00 AM a knock on the door will occur and someone will hand serve the papers OR the other side will claim you were served, even if you weren't and a default judgment will arise.

Do it straight up.

Sincerely,

Mark Mitchell Geyer

Read more
Answered on 6/20/06, 8:55 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California