California Substituted Agreement
Description
How to fill out Substituted Agreement?
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FAQ
FOR COURT USE ONLY. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
If you were served by substituted service, meaning the Summons and Complaint were given to someone else in your household or your place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response.
You must mail one copy of the summons and complaint by ordinary first-class mail to the defendant's last known address. You must mail a second copy of the summons and complaint certified mail, return receipt requested, to the defendant's last known address.
Because documents cannot be forced upon an individual's person for obvious legal reasons, drop service effectively allows for service of process to be achieved. California law requires the documents served to be visible to the party being served. This means the documents cannot be dropped served in a sealed envelope.
No, in California a person cannot refuse to accept service. If we can identify a person on whom legal service can be made either personally or by sub-service and they refuse to accept the documents, we can absolutely still serve them.
Service by mail is permitted for all papers if the party to be served lives outside California. In these circumstances the mailing must be by Registered or Certified Mail and must have the Return Receipt Requested form attached and filled out.
Substituted service is when the process server is able to serve you indirectly by giving the documents to another court-approved friend or family member, publicly publishing the process, sending it via snail mail, or dropping it off at your workplace.
If the papers are not served in the correct way at the correct time, the court cannot go forward with the case. A person is served when they officially receive the papers. Papers which start an action (Summons, Petition, Request for Order, etc) must be filed first and then served on the other person(s).
Under substituted service, if the process server is unable to serve the defendant, they can leave the summons and complaint with someone at the defendant's house, or work. Anyone who takes the documents for the defendant must be 18 years or older.
Can Someone Refuse to Be Served Papers? No, in California a person cannot refuse to accept service. If we can identify a person on whom legal service can be made either personally or by sub-service and they refuse to accept the documents, we can absolutely still serve them.
