Can service for process in california be served by mail
In California, the rules for serving process by mail are governed by California Code of Civil Procedure (CCP) Section 415.20. According to this section, a summons and complaint can be served by mail in certain circumstances.
Here are the requirements for serving process by mail in California:
- Written consent: The defendant must have given written consent to receive service by mail. This consent can be obtained through a written agreement or a court order.
- Mail service: The summons and complaint must be mailed to the defendant's last known address by certified mail, return receipt requested.
- Proof of service: The person serving the process must obtain a return receipt from the postal service, which serves as proof of service.
- Service within 30 days: The summons and complaint must be mailed at least 30 days before the return date specified in the summons.
If the above requirements are met, the service by mail is considered valid and effective. However, if the defendant does not sign the return receipt or does not receive the summons and complaint, the service may not be considered valid.
It's worth noting that service by mail is not always possible or recommended. In some cases, the court may require personal service, which means the summons and complaint must be served in person by a process server or sheriff.
Before serving process by mail, it's a good idea to consult with an attorney or check with the court to ensure that the service is valid and compliant with California law.