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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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Can a summons patient be delivered to a nursing home, and,

Customer Question

Can a summons for a patient be delivered to a nursing home, and, if it is, how? Can the summons be delivered directly to the room of a coherent patient? Can the nursing home accept it? Can they be instructed not to accept it and is this binding? (All of
this is in California) This is for a civil suit related to consumer debt. What if the summons is delivered to an address where she still receives mail but does not reside? I reside there, what happens if I refuse the summons?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A few more minutes please

Expert:  LegalGems replied 1 year ago.

Thanks for your patience; I had trouble downloading the relevant statutes; the statute will be posted below, with an explanatin after:

415.10. A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a summons without such date shall be valid and effective. 415.20. (a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

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I could not locate any statute that exempted nursing home residents.

The above statutes allow for personal service by leaving, with a competent 18 year old +, the summons and complaint at the defendant's regular place of business, residence or mailing address. (so any of these locations is sufficient)

The nursing home may accept it on behalf of the resident; if they refuse, the server can leave it and will write a declaration to that effect and file it with the proof of service.

Also, if a person obstructs service, the court may charge them the expense of subsequent attempts at service.

Expert:  LegalGems replied 1 year ago.

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Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.

THANK YOU!

Expert:  LegalGems replied 1 year ago.

Thank you!