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What's the best way to find an ex who is hiding and actively evading process service? I know where he works but they won't let process servers in. He moves frequently as well and online databases only show very old addresses.
Can the courts in California grant substitute service if we show the efforts ?
Hire a process server to stand outside his place of work. And serve him before he enters. You can certainly ask the court what they would accept as alternative service.
Pay particular attention to 415.20 at this link: California Rules of Civil Procedure - ServeNow.com
While the employer may not let process servers in to make personal service. It appears that a designated person must accept service for an employee. Under Federal law it would appear the employer can be fined for refusing to allow service.
I am not sure that 415.20 applies under these circumstances.Quote:
Originally Posted by ScottGem
"~§ 415.20 Leaving a copy of summons and compliant at office, dwelling house, usual place of abode or business or usual mailing address...
- In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing.
- ..." (emphasis added)
Unless the person to be served actually has an office in the place of business, the subsection doesn't apply. If, for example, the defendant is a blue collar worker, chances are it's not his office. The language was intended to pertain to the owner, etc. not a mere employee.
I'd also be curious to learn about the federal law you mention. I am not aware of such a law.
I agree, someone who will stand outside his work, find his car and stand by it, and so on. Someone who will follow him home from work.
But yes, the court may allow for other forms of service.
The Federal law can be found at the same link:
- The Federal Law on this subject is covered in Title 18 U.S.C. § 1501, which provides in relevant part: Assault on Process Server Whoever knowingly and willingly obstructs, resists or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States…shall, except as otherwise provided by law, be fined not more than $300 or imprisoned not more than one year, or both.
As to 415.20, While its true that the subject may be working at a construction site or plant, there is almost always some office, be it a trailer or just a room with a receptionist, etc. The main point of 415.20, as I see it, is that an employer can't refuse a process server. They can prevent the process server from interrupting the target's work, but they have to provide someone to accept service.
Service of Process - getting_started_selfhelp
Service can be complicated and it is VERY important. If it is not done right, you will not be able to move forward with your case. If you are not sure how you must serve your paperwork, ask your court's self-help center, family law facilitator or small claims legal advisor, or or talk to a lawyer. Click for help finding a lawyer.
While I am not sure that this requires the employer to let the process server in, I note that it only pertains to service of federal court process. I don't think that "process of any court of the United States" pertains to state court process.Quote:
Originally Posted by ScottGem
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