Legal Question in Civil Litigation in California

What if I hire a process server before the 60 day to serve a summons and complaint and the defendant hides? If a POS is filed with the court for due diligence by the process server and a sub. service is effective is it timely or can it be dismissed for being served 15 days late?


Asked on 5/29/12, 11:11 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Cases are not automatically dismissed due to delays in serving the defendant or filing proof of service. Instead, the court will set an Order to Show Cause ("OSC") hearing so you can explain the delay. You will need to submit a written explanation under penalty of perjury before the hearing. As long as you show due diligence, the court will give you more time. There should be no problem under the circumstances you describe.

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Answered on 5/29/12, 12:01 pm


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