Upon returning home one day my babysitter handed me a Summons, unsealed, and said some guy dropped it off. It was a suit from a creditor filed with Superior Court. Needless to say I am thoroughly embarrassed and feel like my privacy was violated. Is this legal? What is the proper procedure for serving these legal papers? She said he asked for her name and handed her the papers and that was all. There is no notice or proof of delivery attached to the packet.
Many thanks
Yes, "substituted service" is legal and would be effective service if your sitter is over the age of 18. No proof of delivery is required to be attached or provided.
In California, a plaintiff can serve a defendant via substituted service.
Specifically, Code of Civil Procedure section 415.20 provides, in relevant part as follows: "(b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left."
In both Hearn v. Howard (2009) 177 Cal.App.4th 1193 and Bein v. Brechte-Jochim Group, Inc. (1992)6 Cal.App.4th 1387, the courts held that a security guard who controls access to a business or home may be deemed "a person apparently in charge" within the meaning of Code of Civil Procedure section 415.10.
California Evidence Code section 647 provides that “the return of a [registered] process server ... upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return.
Paul Gerard MinolettiBusiness AttorneySan Mateo, CACA licensed ·
Yes, substitute service is allowed. However, a "reasonable" number of attempts to serve you personally must be documents, typically 3 tries or more at your home or place of business
Yes. That is called a 'substitute service'. If the sitter was over 18 years old, it is valid.
And yes, it is not necessary to have proof of service attached to the service of the papers; prior to serving them, how would anybody know what to write down as to the who, what, where, when and how re service.
Rather than worry about service, you might consider dealing with the subject matter of the lawsuit itself. Perhaps seek advice about how to answer, how to defend, how to settle the issues.
