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Can Someone Refuse to Be Served Papers? No, in California a person cannot refuse to accept service.
Instead of personally delivering legal papers, a process server may convey service by certified mail in California. If the server can track down the last known address, or forwarding address of the defendant, the complaint and court summons may be sent by certified mail to this address.
An affidavit is a special document that promises that the statement you are making is true. The affidavit must be signed by you, and swear (or affirm) under the penalties of perjury that what you are saying is true.
A person is served by mail five days after the papers are mailed and both the person sending the papers and to person to receive the papers are in California. A person is served by mail ten days after the papers are mailed if either the person mailing or the person receiving the papers is outside California.
There are two ways for a friend or family member to serve the claim: Personal Service: The claim is given to the person(s) you are suing. This must be done at least 15 days before the court date. If the person lives outside of Los Angeles County, they must be served at least 20 days before the court date.
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It is not uncommon for people to avoid service of process in California. For instance, some individuals will hide out on private property, or change their appearance to avoid being served. Fortunately, even if a person avoids a process server, the court will not give up.
NOTE: This form provides proof to the court that copies of documents filed in the above case by one party have been provided to the other party. Complete this form if one of the individuals listed above has asked you to hand deliver, or serve, documents to the other person in this case.
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.
There are three ways to serve someone: by certified mail, sheriff, and private process. Select how you wish to have the Defendant served by checking the box on your Complaint form. The clerk creates a summons and mails it to the defendant. The clerk will collect a fee for this service.
If you have an address for the restrained person, you can ask the sheriff or marshal to serve your papers, and they will do it for free. You believe the restrained person is avoiding (evading) personal service. Be ready to explain why you think the restrained person is avoiding service.

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