Will a proof of service by mail be considered void if the person sends back the package?

Asked over 1 year ago - San Jose, CA

If papers are served by mail by USPS Priority Mail with Tracking service and the recipient in their own handwriting writes "Return to Sender" will the court still consider the papers as served with due process or do I have to serve the papers again?

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    7

    Lawyers agree

    Answered . The answer will depend upon what "papers" you are trying to have served. For example, a summons cannot be served by mail. A subpoena cannot be served by mail.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree with Mr. Chen. It depends on what you are trying to serve. If the party has appeared in the action and the package was addressed to that party at their service address -- they were served so long as you were not a party signing the proof of service. However, such "service" would be improper for a summons or subpoena.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Christine James

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . It will not be considered served and they are clearly avoiding service. You need to hire a process server to personally serve them. If they continue to evade service, you may be able to use that letter, in their handwriting, along with other evidence of evading service, to ask for sanctions. If the item you are servicing is a summons and/or complaint, those need to be personally served anyway so there would be no real harm.

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