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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11696
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm an attorney in California seeing how to serve a us

Customer Question

I'm an attorney in California seeing how to serve a us citizen who lives in costa rica legal separation papers
I'm just researching if it needs to be translated or if I can have a server hand it to him there
Submitted: 1 year ago.
Category: Family Law
Expert:  Seattle Scott replied 1 year ago.

You are serving a California summons, etc, not a Costa Rica summons. So the only requirement is for a blurb "you have been sued" in english and spanish under CCP 412.20 and I note under CCP 415.40 you can serve an out of state party by mail.

CALIFORNIA CODES

CALIFORNIA CODE OF CIVIL PROCEDURE

Part 2. OF CIVIL ACTIONS

Title 5. JURISDICTION AND SERVICE OF PROCESS

Chapter 3. SUMMONS

Current through Register 2015, No. 41, October 9, 2015

§ 412.20. Requirements

(a) Except as otherwise required by statute, a summons shall be directed to the defendant, signed by the clerk and issued under the seal of the court in which the action is pending, and it shall contain:

(1) The title of the court in which the action is pending.

(2) The names of the parties to the action.

(3) A direction that the defendant file with the court a written pleading in response to the complaint within 30 days after summons is served on him or her.

(4) A notice that, unless the defendant so responds, his or her default will be entered upon application by the plaintiff, and the plaintiff may apply to the court for the relief demanded in the complaint, which could result in garnishment of wages, taking of money or property, or other relief.

(5) The following statement in boldface type: "You may seek the advice of an attorney in any matter connected with the complaint or this summons. Such attorney should be consulted promptly so that your pleading may be filed or entered within the time required by this summons."

(6) The following introductory legend at the top of the summons above all other matter, in boldface type, in English and Spanish:

"Notice! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read information below."

(b) Each county may, by ordinance, require that the legend contained in paragraph (6) of subdivision (a) be set forth in every summons issued out of the courts of that county in any additional foreign language, if the legend in the additional foreign language is set forth in the summons in the same manner as required in that paragraph.

(c) A summons in a form approved by the Judicial Council is deemed to comply with this section.

Cite as Ca. Civ. Proc. Code § 412.20

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CALIFORNIA CODES
CALIFORNIA CODE OF CIVIL PROCEDURE
Part 2. OF CIVIL ACTIONS
Title 5. JURISDICTION AND SERVICE OF PROCESS
Chapter 4. SERVICE OF SUMMONS
Article 3. Manner of Service of Summons
Current through Register 2015, No. 41, October 9, 2015
§ 415.40. Service on person outside state

A summons may be served on a person outside this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt.

Service of a summons by this form of mail is deemed complete on the 10th day after such mailing.