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There duckin' me

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ehustlin

Member
What is the name of your state? ca
I have some civil papers to serve to some people who already know they owe me money. The marshals office couldn't find them apparently they just moved from the address I had gave them. Can I send the summons certified mail to the old address and let it be forwarded? How do I go about getting these papers served?
 


Ladynred

Senior Member
Have you tried serving them where they work ?
Check your statutes on service of process, but I believe certified mail IS allowed.
 

racer72

Senior Member
The P.O. will not forward certified mail. If it cannot be delivered to the address on the envelope, the PO will return it to you.
 

I AM ALWAYS LIABLE

Senior Member
ehustlin said:
What is the name of your state? ca
I have some civil papers to serve to some people who already know they owe me money. The marshals office couldn't find them apparently they just moved from the address I had gave them. Can I send the summons certified mail to the old address and let it be forwarded? How do I go about getting these papers served?


My response:

The manner in which a California summons and complaint must be served depends on the following:

Service within California:
Calif. Code of Civi Procedure § 415.10 et seq. prescribes four basic methods:

(1) Personal delivery to defendant;

(2) Delivery to someone else at defendant's usual residence or place of business;

(3) Service by mail coupled with acknowledgment of receipt; or,

(4) Service by publication.

You've got some reading to do, and some forms to obtain.

Good luck.

IAAL
 
A

attyhcl

Guest
you might want to check the court rules in california and, if you cant obtain service, look into getting an order allowing substituted service by publication...good luck
 

I AM ALWAYS LIABLE

Senior Member
attyhcl said:
you might want to check the court rules in california and, if you cant obtain service, look into getting an order allowing substituted service by publication...good luck

My response:

First, I already basically said what you said.

Second, it's NOT in the "court rules". I already gave him the California CCP code sections to read and reference.

Third, it's not called "substituted service by publication." It's called "Service by Publication".

"Substitute" service is only when you serve another adult within the residence or business, and who is in "apparent control."

Please read, and try not to duplicate what others have already stated. You may cause a writer confusion.

IAAL
 

mailman16

Member
Ah, a post on which I can finally offer somewhat useful information. As far as certified mail goes, the Post Office will indeed forward it. I handle forwarded certified mail frequently. As for the recipient, if they know you're looking for them, they probably won't bother turning in a change of address order anyway, resulting in the letter being returned as "moved left no address".
 

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