Legal Question in Civil Litigation in California
Small Claims -ok to use 2 types Process Service?
To increase chances of successful service to an evasive Defendant who is out of state, I want to attempt both Personal Service (Defendant) + Sub Service (Defendant's parent).
What will court do if BOTH proofs of service are received by the court? Will my case be thrown out because I did 2 types of service? note: Certified mail was unsuccessful. I am aware of strict time limits & proof of service documents req'd for out-of-county / state defendants.
1 Answer from Attorneys
Re: Small Claims -ok to use 2 types Process Service?
Sub-serving the defendant's parents will only work if he has previously authorized them to accept service for him (which someone who is trying to be evasive almost certainly would not have done) or if he lives with them and is just temporarily away from home.
Outside of the small claims context an out-of-state defendant can be served via certified mail, with no need to resort to personal service. I don't know offhand whether this option is available in small claims cases.
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