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I was unable to serve the plantiff with a motion that the judge stated i need to have personally served today by 10 am.

Sacramento, CA |

The process server was unable to personally serve them. What do i do now

the other party is IN pro per so I couldnt serve the papers to a lawyer.

Attorney Answers 3


  1. Get a declaration from the process server to explain why he/she was unable to serve, such as they are evading service. File this with the court ASAP. Appear for any hearings and be prepared to explain. Consider hiring a private investigator to complete service.

    Plaintiff usually does not need to be personally served, as they filed the case and have already appeared. Are you sure you must serve in person, that mailing or overnight delivery is not allowed?

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  2. Try and get them served as quickly as possible, either personal or substituted service and have your process server sign a declaration explaining why the service was not done on time. The court may continue the motion in order to allow the other side time to respond and appear.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  3. Not enough info. You may have to get a new date for the motion and try again. If the other party answered the complaint, their address is on their pleadings. Usually service can be done by mail or by personal delivery to the address. If you were making an ex parte application, you are reqd to give shorter personal notice to the other side. Did they list a fax or email on their papers? You can provide notice that way. You can call them and give verbal notice too.