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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33716
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Can I serve someone a notice of hearing by email? The case

Customer Question

Can I serve someone a notice of hearing by email?
JA: What state are you in? It matters because laws vary by location.
Customer: The case is in California
JA: Has anything been filed or reported?
Customer: yes all paperwork is filed and a court date is set. I'm trying to serve the notice of hearing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: its a petition to terminate guardianship
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Unfortunately, the answer is no. The courts don't recognize email as an appropriate form of service. Service must be by actual personal service at the person's home or place of business, or by substitute service by giving it to someone at the person's home, or service by mail where you have someone who is not a party to the case send the notice and then fill out a Proof of Service form.

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thanks

Barrister

Customer: replied 1 month ago.
The mail is being returned. There is no forwarding address.
Expert:  Barrister replied 1 month ago.

Unfortunately, that presents a problem because you have to get proper service of process in order to be able to continue on with the case.. So if this is a guardianship for a child or an adult, then there must be some type of contact with the ward who is the subject of the guardianship. When a guardian is appointed, they are basically in charge of the ward's life, so they must keep the court informed about where they are so the court can monitor the guardianship.

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If the guardian is not keeping the court informed, then you could ask the judge for permission to get "service by publication" where you put an ad in the paper once a week for several weeks and after that the person is considered served. That is entirely up to the judge to decide whether to allow and you would have to show the judge that you have taken all the steps you can to locate the person and have failed. So you will need to do a little more than send a letter. If you paid the sheriff to serve the notice on them and they then come back and say they can't, then that should be enough to allow service by publication.

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thanks

Barrister

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