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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100038
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How can i serve a defendant that has avoid been served 6

Customer Question

how can i serve a defendant that has avoid been served 6 times on a small claims court
Submitted: 6 months ago.
Category: Legal
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Which method are you attempting to use to serve them? Certified mail, constable, or private process server? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 6 months ago.
Private process server by the company that filed the claim for me
Expert:  Ely replied 6 months ago.
Thank you. How exactly have they managed to "avoid" service? Meaning that they cannot be found, or what exactly?
Expert:  Ely replied 6 months ago.
Also, what state is this in, please?
Customer: replied 6 months ago.
the company that tried to serve said that they won't open/answer the door, i been trough that my self !!
this is in California 92567
Expert:  Ely replied 6 months ago.
Thank you. Someone in your situation then wants to motion the court for service via alternative process. The private process server will have to fill out an affidavit explaining that they knew that the resident was there and the resident did not come to the door, etc. If the Judge is satisfied, then the Court would allow alternative service, such as placing it into the hand of another resident who lives there, for example. From the website of CA Courts: For substituted service:The server tries to personally serve the papers on the other party a number of times (usually 3 or more) but cannot find the party at home (or work, if that is the address the server has). The server must try different days of the week and different times of the day, at times when the other person is likely to be home (or at work if serving him or her there). If the server is unable to find the person to be served on each one of those times, he or she can, on the last attempt, leave the papers with someone at the other party’s house, at least 18 years old, who lives there. If the server is trying to serve the papers at the other party’s work, then the papers can be left with someone at the office that appears to be in charge and is at least 18 years old. The server must tell the person that he or she hands the papers to that they are legal documents for the other party. The server must also write down the name and address of the person he or she gave the court papers to. If the person will not give his or her name, the server must write down a detailed physical description. Next, the server must mail a copy of the papers to the other party at the address where the papers were left. The server must then:Write up a “Declaration of Due Diligence,” which is document for the court detailing every attempt attempt he or she made to serve the papers in person. It should include the dates he or she went to the house or work, times of day, and what the result was (for example, “No one answered the door” or “Party not in the office”). The server has to sign this document under penalty of perjury. There is no form for this, but the server can use a Declaration (Form MC-030). Your court’s self-help center may have a local form to help you with this step too. Fill out a Proof of Service, detailing when, where, and how the papers were served. The server has to make sure to write the name of the person he or she left the papers with (or a detailed physical description). The server signs the Proof of Service and returns it to you, with the Declaration of Due Diligence, to file in court. Substituted service is complete10 days after the day the papers are mailed. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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