Legal Question in Civil Litigation in California

Is it legal service is the server rings my doorbell but I don't answer it and he leaves the document (Notice of Deposition) in my mailbox? Am I required to answer my doorbell? Is it legal for someone to use my mailbox without going through the USPS?


Asked on 10/07/10, 4:20 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Arguably, yes. It wouldn't be valid service of a summons, but there is another statute that refers to "personal delivery" to your home. You are obviously representing yourself.

"The service may be personal, by delivery to the party or attorney on whom the service is required to be made ..." (Code of Civ. Proc., sect. 1011.)

You could argue that the papers were not left with someone, but there is case law that states your refusal to accept the papers cannot be used to prevent lawful service. If I were the attorney litigating against you, I would just get a court order to have the sheriff kick down your door, and serve you inside your house because you refuse to accept normal service while representing yourself.

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Answered on 10/12/10, 4:32 pm


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