Legal Question in Landlord & Tenant Law in California

what is deemed proper service for an unlimited liability lawsuit? can the summons just be left on the front door with out being mailed?

i am hoping to buy some time to find an attorney


Asked on 4/20/10, 4:01 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

The process server must attempt to serve you personally. Next, if they cannot serve you personally at home or work, they can "substitute serve" you by leaving a copy of the summons and complaint with anyone over the age of 18 who is present at your home or work. If they substitute serve you, then they must mail copies to the home address as well. Finally, if they are not able to find someone over the age of 18 at the home or work address after 3-4 attempts, they can obtain an "Order to Post" the Summons and Complaint. Again, as with substituted service, copies must also be mailed to the home address. Finally, if the process server cannot locate you after attempting to find you through a variety of sources, they can get an order to publish the summons and complaint.

Dumping a summons and complaint on the front door without being mailed is not proper service. BUT, the problem is that I can almost guarantee that the process server who dumped it will file a proof of service with the Court indicating that he or she personally served you, and if you do not respond to the lawsuit timely, you will have a default entered against you. Improper service isn't going to buy you any time to respond to the lawsuit, just requires you to file a different kind of response other than an answer.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 4/26/10, 4:54 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California