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How can my server serve a Claim for Small Claims Court when The Plaintiff won't open the door and doesn't work outside the home?

Los Angeles, CA |
Filed under: Lawsuits and disputes

Her address is valid. My server has tried on 2 separate occasions (she even staked-out her apartment for over an hour) at 2 different times of day. The Plaintiff has been home, as my server recognized her voice through the window. It is hit-or-miss to find her - she has no set schedule, there are multiple exits from the apartment building, and the deadline has passed for Substituted Service.

Attorney Answers 2

  1. Best answer

    Your process server should know how to serve. Perhaps try another server. Sometimes parties play this game hoping issue will go away.
    You may have to get an extension from the court to serve properly. Good luck.

    In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended mor entered into and unless there is a signed retainer agreement in place, neither me nor anyone in our office has intended to solicit clients nor reprints them. The answers are general in nature and without weighing specifics of particular query. No answer should be relied on in whole or in part, directly or otherwise to act or not to act in pursue of any of your potential claims in law or equity. You should consult with and obtain advise or representation of an attorney to protect your rights regarding your case or matter.

  2. Find a new process server. This situation is not unusual. Good luck!

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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