Serving the defendant (substitute service)

[mistadee]

I'm in Oregon, defendant skipped town earlier this year and is now in California.

My state allows substitute service of legal papers. We have address of brother (where defendant has his mail forwarded to from old Oregon address. This is also same address which DMV has in it's records)

Process server approached brother, he stated subject doesn't live there, and slammed door in servers face.

In addition, I recently discovered another brand new address (based on defendants social security #). This new address is for a HUGE 10 building apartment complex. Unfortunately I don't have the individual apartment #), no process service at this location either.

So the question is, can a substitute service be made with either the sister or the leasing agent at apartment complex? Or may this possibly not hold up as a good service in court?

 

[seniorjudge]

I'm in Oregon, defendant skipped town earlier this year and is now in California.

My state allows substitute service of legal papers. We have address of brother (where defendant has his mail forwarded to from old Oregon address. This is also same address which DMV has in it's records)

Process server approached brother, he stated subject doesn't live there, and slammed door in servers face.

In addition, I recently discovered another brand new address (based on defendants social security #). This new address is for a HUGE 10 building apartment complex. Unfortunately I don't have the individual apartment #), no process service at this location either.

So the question is, can a substitute service be made with either the sister or the leasing agent at apartment complex? Or may this possibly not hold up as a good service in court?

That doesn't sound like good service to me. Why don't you try service by publication?

 

[JETX]

can a substitute service be made with either the sister or the leasing agent at apartment complex?

California Code of Civil Procedure:
"§ 415.20
(a) In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge 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 such mailing.
(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."
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.95

 

[mistadee]

Just might have to go that route. Unfortunately, the brother's address and the new address at apartment complex are in entirely different parts of the state. I imagine that means publication in 2 different papers. Spendy, but I have to do what I have to do.

He's not the type that reads the papers, but I guess as long as the court recognizes it as a good service, it might be the next step. Hopefully soon, we'll have a better idea of which location defendant actually is at. Man, I wish I knew that apartment #...

We filed the case 2 months ago, I'm hoping there aren't going to be any SOL problems, since this guy hasn't been served yet (we have been searching for him ever since filing)

 

[mistadee]

JETX, thanks for response also, you must have posted while I was replying to seniorjudge. I was under impression that the server must be following Code of Civil Procedures based on Oregon law (since that is where case was filed) not California law.

 

[JETX]

JETX, thanks for response also, you must have posted while I was replying to seniorjudge. I was under impression that the server must be following Code of Civil Procedures based on Oregon law (since that is where case was filed) not California law.

You are correct ( I respond to so many posts that I VERY occasionally make one on the wrong thread).
Service must be done in accordance with the rules of the state where the case is filed.

In Oregon, that means service must be done in accordance with Rule 7 of the Oregon Rules of Civil Procedure at:
http://landru.leg.state.or.us/ors/orcp.html