Legal Question in Civil Litigation in California

If you sue someone in small claims court and serve them via mail, does the plaintiff have to fill out a proof of service form and submit it to the court?


Asked on 8/02/11, 2:46 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

It would be a futile gesture, since service by mail is not a lawful method of service on an in-state defendant. Hire a professional process server and have the defendant personally served.

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Answered on 8/02/11, 2:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would suggest you look up and read Code of Civil Procedure sections 116.330 and 116.340 carefully, noting that the court clerk can serve the claim and order on the defendant by mail. The note 116.340(c) regarding proof of service. There is no provision for mail service by the plaintiff; only by the court clerk. However, mailing a follow-up copy is part of the routine for substitutued service as permitted under 116.340(a)(3).

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Answered on 8/02/11, 4:21 pm


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