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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

Posted

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.

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5 comments

Asker

Posted

Are you speaking of Service by Refusal? Is that legal in California?

Pardis Patrick Ashouri

Pardis Patrick Ashouri

Posted

there is no service by refusal in California. personal service where allowed substituted service or in rare occasions service by publication. your server should know or change your process server.

Asker

Posted

They do. I just missed the time limit to have Substituted Service. So...back to ask for an extension. I just hoped there was some little something I didn't know. Thanks, Pardis for your help :) .

Pardis Patrick Ashouri

Pardis Patrick Ashouri

Posted

you mean your process server missed time for sub service. didn't you hire someone you said.

Asker

Posted

It was my fault. I waited too late. I thought Halloween night would do the trick.

Posted

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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