Legal Question in Civil Litigation in California

Re: being served a summons

To be binding, it has to be served on you or someone in your apartment.

Re: being served a summons

Thanks for your posting.

California law provides that you have to be served in person. If you cannot be served in person, then substituted service is allowed.

Substituted service (also known as "sub-service") is permissible only when serving a Summons and Complaint, and permits service of a defendant by serving someone above the age of 18 OTHER than the defendant him or herself and then mailing copies of the documents to the defendant (or authorized agent).

Corporations may be sub-served on the first attempt at serving. Individuals, however, may be sub-served only after diligence is established by making at least 3 attempts on three different days, at different times. Individual courts may have stricter requirements for sub-service that dictate the times of day when attempts must be made.

Also, the court will set the time limit for service. California Rules of Court suggest that a plaintiff must attempt to serve a defendant in 60 days, and after that the court may allow a longer period of time, or may dismiss the action if service cannot be made.

A plaintiff can also apply to serve you by publication, and only the court can authorize that, based upon how difficult it has been to serve you personally.

I hope this helps, but if you have other questions, or feel you need representation for defending a lawsuit, or bankruptcy, please feel free to email me directly at [email protected]. Best of luck.

Re: being served a summons

Normally, the summons and complaint must be personally served on you. After a few failed attempts, it may be left with an adult at the resident address, perhaps the landlord.