Legal Question in Civil Litigation in California

Re: Serving process on evasive defendant

You may ask, but they do not have to accept. If too much time passed, ask court for order to allow service by legal publication.

Re: Serving process on evasive defendant

You can ask but they won't do it. Nor do they have any requirement to do so. You should hire a professional process server.

Re: Serving process on evasive defendant

You can ask, but the answer should be no. Only a defendant can decide who is or isn't able to accept process on his/her behalf. Unless the insurance contract gives the insurer this authority, it has no power to decide that you can serve it instead of the defendant.

There are ways to serve an evasive defendant, including having a process server stake out his/her home. When all else fails, the court can permit service via publication in a local newspaper.

You should first try mailing the defendant a standard form called a Notice and Acknowledgment of receipt, along with a copy of the summons, complaint and any other papers required by your local court. (There are procedural requirements here which must be followed to the letter and which I have neither the time nor the space to set forth in this response.) The defendant can then accept service by mail and, if he/she doesn't accept, the court can later order the defendant to reimburse you for any reasonable and necessary costs of completing the service -- including the costs of process servers, investigators, stakeouts or even newspaper publication, provided that these steps are deemed reasonable under the circumstances.

Keep in mind that parties may not serve the summons and complaint themselves. This is a somewhat antiquated rule which will probably not survive much longer, but it remains in effect and it requires you to arrange for another person to do the job. If you do it yourself the service will be invalid and you can be forced to start over.

Good luck.

Re: Serving process on evasive defendant

You can ask, but they will not accept. If you have sufficient case value to retain an attorney, he could help in service and all other aspects of the case. Contact me if so, and if interested.

Re: Serving process on evasive defendant

The insurance company will not accept service for the defendant.

If your case is of sufficient value, you should retain an attorney to handle your case. Your attorney will be able to have the defendant served through a professional process server.

There are various methods to get the defendant served.

Please e-mail me with contact information or call me at (818) 991-6664, if you wish to discuss this matter further. There will be no charge. I have over twenty years experience in these matters.

Re: Serving process on evasive defendant

You cannot serve through the insurance carrier. You can serve through publication. Please contact our office for consultation should you have any questions. 714 363 0220

Re: Serving process on evasive defendant

No.