Legal Question in Consumer Law in California

I am a California resident. I intend to take a person to Small Claims Court. Quickly, I understand I need to send this person a certified, with return receipt, demand letter. Since the Post Office cannot make a person sign, I find myself in a quandary. How can I have the person served, just in case they don�t want to sign?

Asked on 12/24/15, 3:00 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

The demand letter before filing the small claims lawsuit does not need to be sent via certified mail. It just needs to be in writing. It can be a fax, email, regular mail or an other form of a writing.

With respect to serving the small claim lawsuit, only the clerk of the court can service it for you that way. Certified mail is considered the least reliable means of service. You should have someone deliver it to the defendant instead.

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Answered on 12/24/15, 8:53 pm

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