process server: served illegally?

[infocus]

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

A process server visited the job site where the person works but could not find the person there, and instead handed the legal paperwork to the person's boss. The boss refused to accept it, then the process server just dropped it there and walked out.

Is this a legal way to serve someone?

 

[CourtClerk]

Absolutely, so long as a copy of the summons gets mailed to the person being sued. It's called substitute service.

 

[infocus]

But if the person doesn't get a copy in the mail, then it is null and void? How would the court know that the person actually got it in the mail? Meaning, unless it was sent registered and signed for, that does not seem like a valid way to serve someone.

In this case, when the paperwork was dropped off, someone could throw it away or discard it and the person being sued would never see it. There is no solid proof here.

 

[Zigner]

But if the person doesn't get a copy in the mail, then it is null and void? How would the court know that the person actually got it in the mail? Meaning, unless it was sent registered and signed for, that does not seem like a valid way to serve someone.

In this case, when the paperwork was dropped off, someone could throw it away or discard it and the person being sued would never see it. There is no solid proof here.

You don't have to get it. It only has to be mailed.

 

[CourtClerk]

But if the person doesn't get a copy in the mail, then it is null and void? How would the court know that the person actually got it in the mail? Meaning, unless it was sent registered and signed for, that does not seem like a valid way to serve someone.

There is nothing in the civil code of procedure that says anything needs to be signed for or the like. Just like there is nothing in the civil code of procedure that says that service must be done by giving papers to someone in their hand or that person accepting them...

In this case, when the paperwork was dropped off, someone could throw it away or discard it and the person being sued would never see it. There is no solid proof here.

The proof would be with the registered process server who would put in writing who the papers were given to, when, where and what time. Further, mailing doesn't need to be done by certified or registered mail. It simply needs to be put in an envelope, sufficient postage put on it and dropped in the mailbox. Nothing more, nothing less.

I presume the person who needed to be served was you. You know about the lawsuit, I suggest you don't ignore it.

 

[infocus]

Got it. No, it's not my lawsuit, but I will definitely pass along the info. Very helpful! Thank you!!