Is it improper service if process server personally placed document inside mailbox?

Asked over 1 year ago - Moraga, CA

Document is Plaintiff's Notice of Hearing for TRO and Writ of Possession. Nobody was home to accept it. Is it not a federal offense as per US Code?

"Professional mail carriers are the only ones who can, by law, place anything inside of your outdoor mailboxes.

Tampering with mail boxes is a federal crime. Aside from the police, the United States Postal Service has its own protection in place to assure the proper mail boxes laws and regulations are followed. U.S. Postal Inspectors are stationed at post offices across the country to ensure safety and protection to property of the United States Postal Service including custom mailboxes at your home or office. "
And if so, is there a form or notice to file in court or forward to plaintiff?
Kindly advise/confirm. Thank you.

Attorney answers (4)

  1. George Chakmakis Jr

    Contributor Level 10

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    Answered . This is a very serious situation that needs your immediate attention. You should hire an attorney to protect your interests immediately. The party may be trying to serve you by substituted service, rather than personal service. This party will most likely claim proper service and try for an adverse order against you. You may be able to check the court's website or check the court file for a proof of service. Then you may be able to attack the service as invalid, such as by Motion to Quash Service. Either way, be proactive.
    www.chakmakislaw.com

  2. Constantine D. Buzunis

    Contributor Level 17

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    Best Answer
    chosen by asker

    Answered . I agree with attorney Chamakis, hire an attorney and check the court file to see if the claimant is saying you are served either personally or by substituted service. If you do nothing, you will likely be defaulted!

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  3. Adrienne Patricia Allen

    Contributor Level 15

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    Lawyers agree

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    Answered . Another option is to not wast time and energy fighting service of process, (since they will ultimately serve you properly ) and spend your energy fighting the TRO. Make sure you appear in court on the designated date regardless. The mail tampering is a separate matter that you could pursue separately. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  4. John Noah Kitta

    Contributor Level 19

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    Lawyers agree

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    Answered . It has been my understanding for quite a number of years that no one can put mail in the mailbox other than the U.S. Postal Service. To initiate any sort of action, I believe you would have to file a Complaint with your local Postmaster. In regard to your personal situation, this may not come into play because the FBI is not going to jump all over this situation and get involved in your issues related to TRO and Writ of Possession. In regard to whatever it was you were served to the mailbox, you need to appear or retain legal counsel to appear and explain to the Judge why there is not effective personal service or substitute service in regard to the Pleadings.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more

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