Legal Question in Family Law in California

California question: In serving court papers to someone in a divorce proceeding, I read online about "substitute service". My brother's situation is that the party being served will not answer the door when she is at home; her 22 year old son answers the door, the server verified that the woman was indeed at home, just not answering the door. The server proceeds to tell the adult son that he has court papers that are very important to give to his mom (the woman being served), please be sure to give them to her. Less than two minutes later, she can be heard by us (outside and around the corner from the home) screaming inside the house. Is this a LEGAL substitute service in California?

Asked on 6/17/13, 8:27 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

I think the argument can be made that it is valid personal service. Substituted service is when the person to be served cannot be located, and papers are left with someone over the age of 18 at the residence, and then followed up with copies mailed to that address where the papers were left.

Read more
6/17/13, 8:30 pm
John Laurie Gertz and Laurie
0 users found helpful
0 attorneys agreed

Mr Roach is correct. It does appear that the individual in question was served.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter or retainer agreement hiring me or my firm.

Read more
6/18/13, 11:16 pm
Christopher M. Brainard, Esq. Law Offices of C. M. Brainard - (310) 266-4115
0 users found helpful
0 attorneys agreed

Actually as stated substitute service is only complete upon mailing an additional service copy to the service address and person served.

Read more
6/19/13, 12:14 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?

Get Free Legal Advice

88333 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now