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Defendant's address

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gworthy

Junior Member
What is the name of your state (only U.S. law)? CA

If you do not know the forwarding address of the person that you are suing, but now their place of employment, can you serve them there and put that address on all the documents?
 


dcatz

Senior Member
Yes but:
1) If there is a registered forwarding address, you can get it from the Post Office by completing a request form and paying a nominal fee ($1 last time I looked).
1a) You can also mail to the former address and put “address correction requested” on the envelope. Again, there will be a nominal fee when it is returned to you.
1b) Whether you use either of these methods to serve, it helps to know where your defendant is currently residing.
2) Service can be made at the “usual place of business” pursuant to Code of Civil Procedure sect. 415.20(b).
2a) If you don’t effect personal service there, substituted service will have to be supported by a Declaration of Due Diligence and you will have to do a follow-up mailing after delivery to the Person In Charge. That will add 10 days to the time that service becomes effective. Given the normal timing for hearings in Small Claims, you probably should get moving.
2b) If terms like “Declaration of Due Diligence” and “substituted service” are just more “legalese” to you, use an attorney service to effect delivery and make sure that it’s done correctly. The costs of service are recoverable, if you prevail.
 

gworthy

Junior Member
Yes but:
1) If there is a registered forwarding address, you can get it from the Post Office by completing a request form and paying a nominal fee ($1 last time I looked).
1a) You can also mail to the former address and put “address correction requested” on the envelope. Again, there will be a nominal fee when it is returned to you.
1b) Whether you use either of these methods to serve, it helps to know where your defendant is currently residing.
2) Service can be made at the “usual place of business” pursuant to Code of Civil Procedure sect. 415.20(b).
2a) If you don’t effect personal service there, substituted service will have to be supported by a Declaration of Due Diligence and you will have to do a follow-up mailing after delivery to the Person In Charge. That will add 10 days to the time that service becomes effective. Given the normal timing for hearings in Small Claims, you probably should get moving.
2b) If terms like “Declaration of Due Diligence” and “substituted service” are just more “legalese” to you, use an attorney service to effect delivery and make sure that it’s done correctly. The costs of service are recoverable, if you prevail.
Thank you for the info. Unfortunately there doesn't seem to be a forwarding address at this time as all the mail for this person is still going to the house in question. The only place that I know this person will be at on any particular day is her job, and that info I do have. However, one question. Can this person be served physically or do I have to leave it with the employer? That is the only question that I did not seem to find an answer to in the Civil Code, it specified 'leave a copy' but didn't read anything about actually serving the person in question if they are present.
 

seniorjudge

Senior Member
Go to your state bar's website and read all the info on small claims.

Then post back here with what you found and we will help you further.
 

dcatz

Senior Member
Can this person be served physically or do I have to leave it with the employer? That is the only question that I did not seem to find an answer to in the Civil Code, it specified 'leave a copy' but didn't read anything about actually serving the person in question if they are present.

As I explained, you’re not interested in the Civil Code. You’re interested in the Code of Civil Procedure.
You can read about Small Claims, but the rules don’t change. Here is the Small Claims link:
http://www.courtinfo.ca.gov/selfhelp/smallclaims
Here is the CCP link. Select CCP and hit “search”. You’ll get the index:
http://www.leginfo.ca.gov/calaw.html
This is the link for sect. 415.20:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.95

Use the service address on all subsequent documents. If that doesn’t do it for you, you’re on your own. The question that you posted has been answered.
 

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