Skip to main content

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.

+ Read More

Filed under: Lawsuits and disputes
Attorney answers 3


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?

Robert Stempler (please see DISCLAIMER below)
Twitter: @RStempler

NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.


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.


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.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer