Summary
In California, there may be a delay between receiving a courtesy notice and a summons. If you dont receive the summons within two weeks, contact the court. Process servers can enter a property unless a no trespassing sign is at the main entrance. If you suspect unprofessional service, contact the court or the process servers company. You can request substitute service or service by mail if personal service is challenging. If personal service fails, the process server may seek court permission for substituted service, which involves leaving documents at your home.Full Conversation
I’m . I received the courtesy notice on Saturday, April *, * but have not yet received the summons. Could there be an issue that I’m unaware of?
Hello ****, it's normal for there to be a gap between the courtesy notice and the summons. However, it can vary. Which state are you located in? This can help me provide more specific information.
California
Hello ****, in California:
- There may be a delay in the delivery of the summons.
- If you don't receive it within * weeks, contact the court.
- The court's contact details should be on the courtesy notice.
I was told to wait two weeks. But I’m just a little nervous. I have a no trespassing sign on the gate to my backyard, which is not close to the entrance to my home. Would that be an issue with the process server?
Hello ****, in California:
- Process servers can enter a property if there is no "no trespassing" sign at the entrance.
- A sign at your backyard gate is not likely to affect service if it's not near the main entrance.
- They must respect private property rights.
that’s what I thought but I heard it sometimes they can come up with reasons not to serve. I’m hoping that I didn’t get an unprofessional server who will say he did try when he didn’t. I’m disabled and homebound and know that people have not been coming to my door.
Hello ****, in California:
- Process servers are required to make reasonable attempts to serve.
- If you suspect an unprofessional server, you can contact the court or the company they work for.
- You may also want to consider arranging alternate service options due to your situation.
.
Hello ****, you might want to consider:
- Requesting for a substitute service if you're unable to receive the documents personally.
- In case of suspicion, report to the court or the company the process server works for.
- You may also request to receive service by mail.
I heard if they can’t reach me that they have to talk to the judge to allow them to leave it at my door.
Hello ****, in California:
- If personal service isn't possible, the process server may ask the court for permission to leave the documents at your home (substituted service).
- This typically requires attempts at personal service first and the server must inform you of the substituted service.
Ok
That's correct, ****. If you have any further concerns or questions, feel free to ask. It's important that you understand the process and your rights.
Thank you
You're welcome, ****. Don't hesitate to reach out if you have more questions. Remember, it's crucial to understand your rights and the legal process.
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