Legal Question in Legal Ethics in California
I have a small claims case against the owner of a company that "provided" loan modifications. Unfotunately, all she did was scam people out of whatever amount of money she could get out of them. My mother lost almost $3,000.00. which she had to pay in 2 pymts, which she had to take from a small pension she receives each month. After months of waiting for them to help us, we finally got help from an organization that, not only helped us with a loan mod., but they did it without charging us. I have found lots of complaints about her, apparently shes done this to a lot of people. From what I understand, she has done business under several different company names, and, I assume, when she starts getting too many irate people wanting their money back, then she closes her business and there is no way of getting in touch with her. Oh, and by the way she is an attorney. I have been trying to serve her, but have not been able to locate her. I have had to postpone my court date four times already. My question is this: Doesn't an attorney, who is listed as 'Active' on the California State Bar Association's website, have to have a current, as well as valid, business address? And, if not, what am I supposed to do? Thank you, Vicki
2 Answers from Attorneys
If you use a professional process server, which is what you should be doing, there should be no problem in serving the individual.
If she is using an address listed with the State Bar, but is not there, you should be aware that you can have her served via substituted service. You can also have the Sheriff do this, for a small claims action. That service involves leaving the claim and order with someone at the address, and following up with copies mailed to her at that address.
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