What is Substitute Service

What is Substitute Service?

Substitute Service on an individual can be made If an individual defendant cannot be personally served after required "due diligence" attempts, substituted service may be made. Substituted service is made by leaving a copy of the service documents with someone other than the defendant at the defendant's dwelling house, usual place of abode, usual place of business, or usual mailing address (other than a USPS postal box). The documents must be left with a person over the age of 18 years, a competent member of the household or a person in charge of the business at the time of service. The person with whom the documents are left must be informed of the general nature of the documents. (CCP 415.20(b))

Substitute Service on a Corporation may be made by serving a person authorized to accept a personal service by delivering the documents to a person apparently in charge of the business at the time of service during normal business hours. The law does not require a diligent effort to effect personal service. Substituted service may be made on the first attempt. (CCP 415.20)

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