Articles Tagged with serve summons

underwood-service-by-publication-300x300Service of process is an important aspect of every lawsuit filed in California. If a defendant is not served and thus does not receive notice of a lawsuit, then any judgment entered against them is void, and the plaintiff will have to begin the litigation process all over again.

While service of process can be an easy affair when the locations of the defendant(s) are known, the situation becomes much more difficult when one or more parties don’t have a set address, or perhaps do not want to be found. 

At that juncture, service by publication may be available as a last resort. But litigants must take care to realize that service by publication is not automatic, and cannot be attempted from the outset. Instead, set statutory rules need to be followed before this method of service may be authorized by the court. 

underwood-sheriff-serve-summons-complaint-300x300Under Government Code section 26665, a sheriff may serve “all writs, notices, or other legal process issued by superior courts in civil actions…” When someone decides they want to file a lawsuit, getting an experienced lawyer to draft the complaint is only half the battle. It still needs to be filed with the correct court and, most importantly, the complaint must be served on the defendant. 

Service, however, can wind up being both stressful and expensive for many litigants. This is particularly the case when the defendant is moving from county to county, or from state to state to avoid being served papers. 

In these instances, some plaintiffs come to believe that the matter would be best left to the Sheriff’s office, as it is often the cheapest option. Unfortunately, the decision isn’t as simple as it may seem, as there are numerous pros and cons that litigants should be weighing when they choose how to serve parties in a lawsuit. The attorneys at the Underwood Law Firm, however, are well-versed in the legal tools involving service of process and are here to help our clients make these difficult decisions.

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