A person knocked but I could not get to the door (indisposed), when I did, there was a Summons for Eviction taped to the door. Is that considered proper Service when it was just at my residence but I was not identified as being the Defendant or even being of age?
If it is not; how do I deny that proper service was made?
No. Only if the plaintiff/landlord obtained a court order allowing post and mail service of the summons would service be considered proper.
You (or your attorney) would have to make a motion to quash service of summons.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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In order for such service to be valid, the process service has to state under penalty of perjury that the process serve has done their due diligence in attempting to service the tenant at the residence and his been unable to do so. Further, if this method is approved by the court, then you receive extra time to answer. You may want to go to the court house and check the file to see if the process server filed a declaration of due diligence.
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