Legal Question in Civil Litigation in California

Service of Process on an Attorney

I filed a lawsuit against an attorney. I have 60 days to serve him. He has no physical address available. His phone number is non public and then was disconnected. He just came out of a jail sentence term. He has a Postal Office box and the address behind the P.O. box is phoney. He deceived the State Bar by giving them the said phoney address. A skip trace leads to nothing. He is practicing law now and in good stardards with the California Bar Association, however the Bar does not offer any help in the matter nor accepts service on his behalf. How do you service due process of law on this said Attorney? Thank you.


Asked on 8/23/00, 1:29 pm

2 Answers from Attorneys

Re: Service of Process on an Attorney

You need to obtain/prepare a declaration showing everywhere that has been searched and then prepare an application to serve by publication. Then you need to publish the summons pursuant to California Code of Civil Procedure.

If you want to discuss I would be happy to.

e-mail: donner@lawyer

web-site: www.donnerlaw.com

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Answered on 9/29/00, 12:15 am
John Hayes The John Hayes Law Offices

Re: Service of Process on an Attorney

Mr. Donner has the perfect solution. If you due serve by publication make sure that the publication is distributed in the attorney's area. You should also file a complaint with the State Bar. If this attorney is in good standing he must have a current address on file with the State Bar. You could also try calling his office and asking for a street address because you need to send them a fed ex package, which cannot be delivered to a po box, and see what they say! You could also do a search at the court in his county and see if the court documents he has on file have a street address on them. However, you have already gone through enough to warrant a service by publication application that a Judge would grant.

I apologize on behalf of my profession for this attorney's behavior. I hope he hasn't ruined your opinion of the rest of us. One bad apple doesn't make the whole basket bad!

If you need any help preparing papers or half any questions about filing an application for service by publication please feel free to contact my office toll free at 877-546-9918 or by email at [email protected]

Sincerely,

John Hayes, Esq.

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Answered on 9/29/00, 2:51 am


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