procedrue for serving a summons UD

[blau]

What is the name of your state? CA

Does anyone know the procedure for serving a sommons for and Unlawful Detention.

One way to give it to the person. But if he is unvaliable. I heard that service must be done a number of time before it could be posted and mail. Is that ture??

thanks

blau

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

Does anyone know the procedure for serving a sommons for and Unlawful Detention.

One way to give it to the person. But if he is unvaliable. I heard that service must be done a number of time before it could be posted and mail. Is that ture??

thanks

blau

My response:

Assuming you're the plaintiff, are you the one trying to accomplish the "service" yourself?

IAAL

 

[FarmerJ]

Get and serve the summons
Get a Summons-Unlawful Detainer (form 982(a)(11)) from your local court.

Someone over age 18-not you-must serve the tenant with the summons and complete the proof of service on the back of the summons.

blau see this URL http://www.courtinfo.ca.gov/selfhelp/other/landteninfo.htm#landlords so you can get one of your buddys or a relative to serve it and they will have to sign a affidavit of service or what ever it might be called. If you have to go and get a new date from clerk of the court to allow you to re do it . Im very surprised the clerk of the court did not instruct you on proper service .

 

[I AM ALWAYS LIABLE]

Get and serve the summons
Get a Summons-Unlawful Detainer (form 982(a)(11)) from your local court.

Someone over age 18-not you-must serve the tenant with the summons and complete the proof of service on the back of the summons.

blau see this URL http://www.courtinfo.ca.gov/selfhelp/other/landteninfo.htm#landlords so you can get one of your buddys or a relative to serve it and they will have to sign a affidavit of service or what ever it might be called. If you have to go and get a new date from clerk of the court to allow you to re do it . Im very surprised the clerk of the court did not instruct you on proper service .

My response:

Gee, thank you FarmerJ. Being as how I practice in California, I was trying to help this person. You're not.

And, why would you be surprised that the "clerk" wouldn't help this person? California clerks do not, and cannot, practice law - - and instructing someone with the laws of Civil Procedure, when you're not licensed to practice, is the unauthorized practice of law. Clerks of the court ARE NOT attorneys. We have very specific laws on this subject.

Also, it's called a "Proof of Service."

IAAL

 

[blau]

thanks guys,

I am not trying to serve it myself. I just want to know. On summon fo an unlawful detention. If the server goes to the residence to serve the summon (don't know where they work) and they are not there what must they do. Do they have to come back a number of times before they could served with substitution or by nailing and posting.

Just want to know.

blau

 

[I AM ALWAYS LIABLE]

thanks guys,

I am not trying to serve it myself. I just want to know. On summon fo an unlawful detention. If the server goes to the residence to serve the summon (don't know where they work) and they are not there what must they do. Do they have to come back a number of times before they could served with substitution or by nailing and posting.

Just want to know.

blau

=======================================

My response:

Three attempts at personal serve (day and/or night) must be diligently made before "subservice" on another adult who is "apparently in control" of the residence can be made. If subservice is accomplished, then a mailed copy of the S&C must follow within 10 day.

If neither of these work, then the S&C will be returned to you. You will need to file the correct papers that ask the court for orders to allow publication of the Summons in a newspaper of general circulation, and one that would have the best chance of allowing the defendant, or someone the defendant knows, to give the defendant notice of the lawsuit.

IAAL