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Which form do I use to ask the court in Santa Barbara California

Resolved Question:

Which form do I use to ask the court in Santa Barbara California for permission to serve someone via mail or publication? The judge already knows the respondent is hiding from service, and mail sent to respondents parents house has been sufficient for 'last known mailing address'. I'm self representing in a custody situation, and am doing well but a bit intimidated at service via mail or publication process. I filed motion for contempt a couple of days ago, and now I need to serve the respondent whom I can not locate.

Thank you in advance.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawHelpNow replied 1 year ago.

Hello Joe,


My name isXXXXX a licensed attorney. Glad to try and help out.

Sure sorry for the circumstances, truly. My heart goes out to you.

Accordingly, I'm pleased to share the following information with you.

Here's the free forms you need:

FL-980Jan 1, 2013Application for Order for Publication or Posting
FL-982Jan 1, 2013Order for Publication or Posting
FL-985Jan 1, 2013Proof of Service by Posting

It's a three-part process, and hence three forms, meaning you ask for the relief (application), it's granted (order), and then you show what you did (proof).

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D.

LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 4 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you, XXXXX XXXXX

Expert:  LawHelpNow replied 1 year ago.
Hi there Joe,

You are quite welcome. My pleasure entirely!

Thank you for the kindness of your favorable rating, which I greatly appreciate!

Best regards,

Ben, J.D.
Expert:  LawHelpNow replied 1 year ago.
Hello Joe,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
Customer: replied 1 year ago.

Hi Ben,


 


Thank you for asking. When I filed the motion for contempt, I was planning on serving her attorney. I then found out that he was no longer representing her, so I started thinking about service by publication. Upon reading the documents, it has become clear that the time it takes to do service by publication will land us past the actual court date for motion for contempt. Therefor I've done some research and learned about service by substitution, where I have someone served in her 'household' and also mail a copy to the house. Now I'm wondering if you can please tell me, is service by substitution allowed on a contempt motion? If so, are there special forms I need to use for this process?


 


Many Thanks,


Joe

Expert:  LawHelpNow replied 1 year ago.
Hello again Joe,

This gets rather tricky, so please bear with me. The default answer is "no", it's not allowed. However, the law does allow for one narrow exception, meaning: (1) the party has concealed herself to avoid service; (2) you can provide the Court with evidentiary facts detailing your reasonable efforts to ascertain her whereabouts; and (3) likewise you demonstrate, to the satisfaction of the Court, the efforts taken to attempt service of process. Cedars-Sinai Imaging Med. Group v. Super.Ct. (Moore), 83 Cal.App.4th at 1286, 100 Cal.Rptr.2d at 324.
This is highly technical territory, no standard forms will suffice, and intervention of an attorney is definitely required.
Kind regards,

Ben, J.D.
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 4 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you Ben,


 


Is there a special time frame on substituded service?


 


And I've read two numbers for the standard time frame required for service, 14 days before hearing and elsewhere it said 21 days before hearing.


 


It will be easy enough to convince the judge that she's avoiding service and hiding from the law, the district attorney child abduction unit detective has been looking for her since August.


 


You're a great help,


In appreciation-


Joe

Expert:  LawHelpNow replied 1 year ago.
Hi Joe,
You're quite welcome, glad to be of help.
Here's the actual rule:
California Code of Civil Procedure Section 415.20
I need to sign off, but I saw you had written back and didn't want to leave you hanging.
Take care,
Ben, J.D.
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 4 other Family Law Specialists are ready to help you

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