Evasive Defendant

[adhender]

What is the name of your state? california

I am taking someone to small claims court over a refundable $1,000 deposit for an apt. that I did not rent. No contracts (verbal or nonverbal) were signed, only a receipt for the deposit I gave her. The defendant stated that I would have to take her to court to get the money back. After doing so, she evaded the sheriff when he attempted to serve the court papers. I have, subsequently, hired a private investigator to stake out her place of residence and serve the papers. It has been 3 weeks and the papers have yet to be served for various reasons. Is there any other legal recourse that I can take to collect the money?

 

[BL]

http://www.courtinfo.ca.gov/selfhelp/smallclaims/
California Courts: Self-Help Center - ... Small

 

[JETX]

Why not just have her served by mail??
California provides for alternative service in the event that the defendant cannot be served personally.

California Code of Civil Procedure (§415.20)(b):
"If a copy of the summons and of the complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing."