Legal Question in Real Estate Law in California
Small claim court filed, but can not find landlord to serve
Hi,
I just bought a property in Longbeach. The previous owner owned $473.00(rental payment fr one of tennant). I filed small court claim and had a sheriff in LA served, but the sheriff sent my paper back and noted that his secretary said the person is not working there anymore. I know he's still there(he's the owner of the company). What my next move to get him to the court?
thanks
b.do
1 Answer from Attorneys
Re: Small claim court filed, but can not find landlord to serve
If you are pretty sure you're going to win and collect, you can hire a professional, private process server. The fee will be recoverable as a cost if you win. If the defendant is a corporation, you can serve the agent for service of process (which can be found at ss.ca.gov on the Web). If an individual, he must be served personally, but if your process server cannot effect hand delivery, ask your small-claims court clerk about certified mail service--the clerk will have to do the mailing for you!! Finally, there is substituted service--involving both leaving the papers at the place of business with a person in charge AND also mailing the same to the defendant by first-class mail. Service is complete ten days after mailing.
I cannot in this space give you full particulars-- I recommend reading the chapter on service in a self-help law book on small claims court. Or, try the small-claims advisor at the courthouse.