Legal Question in Civil Litigation in California
Proper service for small claims court
When someone is serving you when you are being sued in small claims court, does the person being served have to be aware that they are being served or can they be under the assumption that they are being handed a letter or card?
2 Answers from Attorneys
Re: Proper service for small claims court
You would be better off advising them what it is either before or after you serve it. By the way, they do not have to accept it or even touch it. If they wont take it you can throw it down on the ground in front of them and tell them it is a court summons and that you are serving them. that would still be valid service.
Re: Proper service for small claims court
When you are serving someone for small claims you have to confirm that they are the proper person by saying " Are you so and so?" After they have stated that they are, you hand them the paper. If the person refuses to accept the paper, drop it on the ground in front of them and inform them that they have been served. If you are afraid to serve someone in person hire the sheriff to do it. It usually costs about $25 and then you don't even have to deal with it.
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