Skip to main content

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

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.

+ Read More

Attorney answers 4

Best Answer
Posted

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. 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.

Posted

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

Asker

Posted

sorry, hit the wrong button - yours is the Best Answer.

Asker

Posted

Thank you for the advice. I'm in pro per - unfortunately, cannot afford an attorney even on a limited scope. Proof of service from plaintiff's counsel was attached to the Notice that was placed in my mailbox by process server. Do I file a Motion to Quash Service with Declaration to support motion?

Posted

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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Asker

Posted

Thanks for your advice. I'm in pro per and hearing is in 3 weeks, not counting holdays. I'm preparing opposition to the Writ of possession and TRO. Not sure if I am proceeding in the right direction - can't afford to hire an attorney even on a limited scope. Tried all resources and just doing my best.

Adrienne Patricia Allen

Adrienne Patricia Allen

Posted

Some attorneys will take payments to assist you. I know of one in Sacramento I can refer you to or you can check Find A Lawyer search tool here on AVVO. Good luck!

Asker

Posted

I live in the east bay and have consulted attorneys - 3 in the area and 2 in other counties (can't take my case as it would be too expensive to pursue and they don't think I have a case). I have also attended workshops, researched in law library - best I could do. Thanks again.

Posted

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 relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.