Can you process serve a defendant by mail in california
In California, the rules for serving a defendant by mail are governed by California Code of Civil Procedure (CCP) Section 415.20. While it is possible to serve a defendant by mail in California, there are specific requirements that must be met to ensure the service is valid.
Here are the general requirements for serving a defendant 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.
- Notice of Entry of Judgment: The notice of entry of judgment must be served by mail, along with a copy of the judgment, if the judgment is being served by mail.
- Proof of Service: The proof of service must be completed and returned to the court, indicating that the defendant was served by mail.
- Mailing Requirements: The documents must be mailed to the defendant's last known address, and the mailing must be done by first-class mail, postage prepaid.
- Time for Response: The defendant has 30 days from the date of mailing to respond to the lawsuit.
Additionally, there are some specific rules to keep in mind:
- Service by Mail is Not Automatic: Service by mail is not automatic, and the court may require additional proof of service or may not accept service by mail in certain cases.
- Service by Mail May Not be Used in All Cases: Service by mail may not be used in cases where the defendant has a known address or where the court has ordered personal service.
- Service by Mail May Not be Used in Cases Involving Minors or Incapacitated Persons: Service by mail may not be used in cases involving minors or incapacitated persons, as these individuals may not have the capacity to understand the lawsuit or respond to it.
It's important to note that serving a defendant by mail in California is a complex process, and it's recommended that you consult with an attorney or a process server who is familiar with the laws and procedures in California to ensure that the service is done correctly and legally.