Legal Question in Real Estate Law in California
Evading service
What are my options if the person I'm taking to court keeps evading service of my claim?
4 Answers from Attorneys
Re: Evading service
service by publication may be one option.
Re: Evading service
After filing a Declaration of Due Dilligence, you can serve by publication.
Re: Evading service
Depends to some extent on the court and the nature of the suit. Sometimes, you may be able to get permission to sue by publication rather than personal service. However, I recommend as a first step that you use a professional process server rather than doing it yourself.
Re: Evading service
Depends on what court you're in. In small claims court I'd go ask the small claims clerk. In the Superior Court you'll need to file an application or petition to serve by mailing and advertising in a local newspaper. I believe that if the matter is an Unlawful Detainer you may serve by posting and mailing. Again you must file an appliction or petition to get court approval. To answer your question we (The Imperial use of the word.) must have more facts.