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they will not take service

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Lotus81

Member
What is the name of your state (only U.S. law)? California

If the person I am suing does not take the service from the sheriff or a serving company can I still go to court on the court date? what should I do?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

If the person I am suing does not take the service from the sheriff or a serving company can I still go to court on the court date? what should I do?

What do you mean by "does not take service"? One doesn't have to "accept" service, they simply need to be served.
 

Lotus81

Member
Got a letter back from sheriff stating no one would answer the door - subject was in house - the serving company is trying but they will not answer the door to them either.
 

Zigner

Senior Member, Non-Attorney
Got a letter back from sheriff stating no one would answer the door - subject was in house - the serving company is trying but they will not answer the door to them either.

You'll need to get creative - perhaps someone dressing as a florist or an Amazon delivery person?

If the other party is not served, then your case cannot move forward.
 

Zigner

Senior Member, Non-Attorney
And someone dressing as a pizza delivery person or florist better be a process service.
Huh? I could dress as a florist and serve a this type of document if my buddy asked me to. One does not have to be a process server in order to serve documents in California.

Have you read the rules as to what happens when service fails? IF not, then you need to do so.
Agreed.
 

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