Process Serving in California
It is not uncommon for people to avoid service of process in California. A process server may utilize non-traditional serving techniques to make sure a person receives notice of the pending cause of action.
Personal Service Requirements in California
Personal service means the papers are handed directly to the person being served. When a defendant is extremely evasive, a process server can conduct lengthy stakeouts to familiarize themselves with the routine.
Legal Process and Service
Someone else cannot accept service on your behalf unless you authorize them in writing. The cost of a process server in California ranges from $20-$100 per serve.
Evading Service and Consequences
No, in California a person cannot refuse to accept service. Attempting to evade service of process by hiding, running away or lying to the server is not legal.
Divorce Proceedings in California
An uncontested divorce in CA takes about 6 months, while a contested divorce can take over a year. After serving divorce papers, file the Proof of Service form and wait for your spouse to respond within 30 days.
Legal Service Methods
Sheriffs can make arrests, serve processes, and enforce court orders. Service by mail or substituted service is permissible in California. Once you are served, you have 30 days to respond with the required paperwork.
Avoiding Service and Consequences
A person cannot refuse to accept service in California. If a person refuses to accept the documents, they can still be served personally or via sub-service. Stalking can lead to criminal charges.
Serving Evasive Individuals and Next Steps
If a person is avoiding being served in California, private process servers can assist in delivering legal documents. Substitute services make it difficult to evade being served.
Importance of Proof of Service
Proof of service is essential for the completion of legal processes. Making timely payments and responding to legal documents can help avoid lawsuits and being served.
Final Notes
Avoiding being served with legal documents is not illegal but can lead to unfavorable consequences. It is beneficial to comply with legal proceedings to ensure the proper execution of legal actions.