m*****t
发帖数: 1987 | 1 In california, does a summons have to be served in person? Let's say, if
someone changes his/her address, a summons is sent to the old address and
never received, will the court rule in default? | A******1
发帖数: 106 | 2 Summons shall be served in person. Meaning, the person to be served must be
served physically by someone other than the plaintiff. This personal service
cannot be done with reasonable diligence, you can serve it to his dwelling
house, usual place of abode, place of business, usual mailing address, to
someone at least 18 years old, that it is reasonably foreseeable that such
person would deliver the summons to the person to be served. In addition,
you must mail the summons by first class mail to the place the summons was
left. If you know that the person to be served changed his address and is
not likely to receive the summons, then the service is defective. Even if
the court rules in default, it will be challenged and will be set aside. | m*****t
发帖数: 1987 | 3 Thank you very much for the reply. So in another word, if a summons is not
delivered, then the date filed to the court can't be used to count the 30
day's response, right?
be
service
dwelling
【在 A******1 的大作中提到】
: Summons shall be served in person. Meaning, the person to be served must be
: served physically by someone other than the plaintiff. This personal service
: cannot be done with reasonable diligence, you can serve it to his dwelling
: house, usual place of abode, place of business, usual mailing address, to
: someone at least 18 years old, that it is reasonably foreseeable that such
: person would deliver the summons to the person to be served. In addition,
: you must mail the summons by first class mail to the place the summons was
: left. If you know that the person to be served changed his address and is
: not likely to receive the summons, then the service is defective. Even if
: the court rules in default, it will be challenged and will be set aside.
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