Note: The contents of this article apply to California.
Substitute service is a legally recognized method of serving legal documents when direct, personal service has not been successful. Governed by the California Code of Civil Procedure (CCCP), understanding these rules is essential for process servers operating in California. This article explores the preconditions, methods, and post-service requirements for substitute service both to individuals and businesses.
Service of Summons/Complaints: Substitute Service
For Individuals (CCP § 415.20(a)):
Preconditions for Substitute Service: Before employing substitute service, due diligence must be demonstrated. This typically requires at least three service attempts at different times, including during weekends. If these attempts do not result in personal service, substitute service may be initiated.
Method: If the target individual is unavailable, another adult at the same residence may be served on their behalf.
Post Service Requirements: Once substitute service is performed, One Legal will handle the mailing of the documents. Process servers must input the following details into ServeManager to create an accurate proof of service:
Date, Time, and Place of Service: Document the specifics of when and where the service occurred.
Name and Description of Person Served: Include a full legal name along with a detailed physical description.
Relationship to Party: Note the relationship of the person served to the intended recipient, such as "spouse" or "roommate."
Manner of Service: Describe how the documents were delivered.
For Businesses (CCP § 415.20(b)):
Preconditions: For businesses, if personal service at the business location fails on the first attempt, substitute service is immediately permissible.
Method: A representative of the business unavailable for personal service allows for another employee, manager, or agent to be served.
Post Service Requirements: Following substitute service, the details of the person served must be recorded in ServeManager, including their name, position, and the manner of service. One Legal will handle the mailing of the documents.
Service of Subpoenas (Testimony & Records): Substitute Service
For Individuals (CCP § 2020.220(a)):
Preconditions: Similar to summons/complaints, diligent attempts at personal service are required before substitute service can be considered.
Method: If personal service to an individual fails, another adult at the same residence may be served.
Post Service Requirements: Details of the person served, including their name, relationship, and how the service was conducted, must be documented in ServeManager. One Legal will manage the subsequent mailing of the documents.
For Businesses (CCP § 2020.220(b)):
Preconditions: For businesses, if a representative is not available for personal service during regular business hours, substitute service on any employee or custodian of records is permissible.
Post Service Requirements: Process servers must provide detailed information about the person served in ServeManager. One Legal will prepare the appropriate proof of service and handle document mailing.
Conclusion
Understanding and following the specific procedures for substitute service in California ensures legal compliance and effectiveness in process serving. Always ensure detailed records are kept through ServeManager to support each service instance, enhancing the credibility and reliability of the service process.