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pmb2934d

Guest
What is the name of your state? California, I wish to sue someone who was a student here in California but has now moved back to his parent's house in the state of Hawaii. Can I sue him here in California. I can serve him in Hawaii but will the Judge(s) here in Orange County accept the service?

Can he be served in person by a process server in Hawaii and will this be accepted in lieu of service by certified mail with return receipt?
 
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I

I AM ALWAYS LIABLE

Senior Member
pmb2934d said:
What is the name of your state? California, I wish to sue someone who was a student here in California but has now moved back to his parent's house in the state of Hawaii.

Can I sue him here in California.

MY RESPONSE: If the incident or transaction occurred here in California, then yes, you can sue him here - - just as long as you're within the applicable Statute of Limitations.



I can serve him in Hawaii but will the Judge(s) here in Orange County accept the service?

MY RESPONSE: Yes, if the transaction or incident occurred in Orange County, then you can serve the defendant by Certified or Registered mail with return-receipt-requested. This is the most liberal method for service of summons allowed under California law. A nonresident defendant can be served anywhere in the world simply by mailing him or her copies of the summons and complaint "by first-class mail, postage prepaid, requiring a return receipt" (i.e., certified or registered mail). [Ca Civ Pro § 415.40]

IAAL
Click to expand...
 
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JETX

Senior Member
Oh, and lets not forget that IF you get a judgment in California and the debtors assets are in Hawaii..... you will have to domesticate your claim THERE to be able to get 'at' his assets to enforce.
 
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