Legal Question in Civil Litigation in California
How to serve a defendant with an unknown address (small claims)
I have a small claims action against a corporation registered with the Secretary of State as being in San Francisco. The San Francisco Sheriff's Department says the company is no longer there. The Secretary of State still shows the same address. The telephones still work at the company but I only get recordings and no one calls back. Is there a way to accomplish service by publication?
2 Answers from Attorneys
Re: How to serve a defendant with an unknown address (small claims)
What you need to ask for is the authorized agent for the corporation and their address. If that doesn't work, you can file a request for Service by Publication. There is judicial counsel form that is called Application for Service by Publication. Basically, you complete this form and include the declaration from the Sheriff's office regarding their attempts and a declaration by yourself that you have been unable to serve them by any other means. You then submit this information to the court and they will decide on it. If it is granted, you can then serve the defendant by publication. Good luck.
John Hayes, Esq.
Re: How to serve a defendant with an unknown address (small claims)
Every corporation has to list a specific person who is an agent for service of process. You can get this information from the Secretary of State. Find out who the person is and then you can serve that person.