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It is posted here for my convenience, but you may find some of the information here useful as well. If I can't get him in three attempts of personal service, Calif law allows me to subserve with a responsible adult and drop a 2nd copy of the suit in U. bogus signature), or sufficient funds do not become available, it will then be returned unpaid. It will be listed on your bank's schedule of fees for your account type.
You should always consult an attorney before taking any legal action. My bank charges around to send items for collection.
For other cases involving "refusals" to accept service of process, see Reliance Insurance Co. Also, I always have a general execution and a sheriff on hand so I can take their wallet and watch.
If you are clever you get a grant of immunity from the county prosecutor, and that can short-circuit that trick.
Pricey alternative: PFI - Nationwide and International Process Servers - Process Forwarding International). Under the circumstances, it was more likely than not the manager would deliver the summons and complaint, and no facts suggested personal or substituted service was available at any other address or on any other individual. Here's the California sister-state form ej105 that you'd use to collect against someone in California.
You can use substituted service without due diligence if you are using small claims court. Here are some notes about substituted service if you can't serve them directly. Thus, CCP 415.20(b) authorized substitute service on defendants at their private post office box. If they live here, you have to wait 30 days for them to object before you get a Writ.
Simplified step-by-step instructions for what I did to sue people who sent me illegal faxes can be found here: Small claims court overview See California Courts Self-Help Small Claims Small Claims Court Basics for more info or the small claims website for your state. This amounted to reasonable diligence in attempting personal service thus making substitute service available. So if you have a California defendant, who banks in Boston, you will need to get a sister-state judgment in Massachusetts, and then have that court issue a writ against the assets in that state.
He demanded that all future communications should be through HIM, as he is now entering an appearance in the matter (a day late & 00 short).
The same process server had previously served other papers on this same businessman. A California statute permitted service on a corporation by "leaving" the process with the person who is "apparently in charge" of the office, and then by mailing the process to the office. If there is any concern over whether a check will clear or not, take it to your bank and have it sent as a collection item, as opposed to depositing it as a regular item.
A process server attempted to serve papers on a businessman. A default judgment was later entered against the defendant, and the issue before the appellate court was whether the corporation had been properly served. Apart from those laws, abusive or harassing conduct can be actionable as well.
At this point, the attorney was so angry that he hung up on me.
I asked why he believes his client should be insulated from contact from me when I am still forced to receive direct communication from him.