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Video instructions and help with filling out and completing How to serve someone in california

Instructions and Help about How to serve someone in california

My name is Brian Mayer I'm an attorney practicing family law throughout Southern California and today I'm going to be answering the question of how to fit how to effectuate service on someone when you don't know where they are or how to get ahold of them and this comes up in family law cases especially when there is someone's trying to get divorced and they haven't seen their spouse in months or sometimes even years and they don't know how to find them so they go to the courthouse and they file their petition - to dissolve the marriage but they have to serve the other side and they don't know how to find them now the answer to this question is through something called service by publication and the roles differ a little bit from state to state so I'm going to talk about how it works in California but basically service by publication is when someone is considered legally served by running in advertisements in a publication like a newspaper and so the first thing that has to happen is first you go ahead and you file your petition or your motion or whatever is your filing and then you have to exercise due diligence to try to locate the person who needs to be served and what that means is you have to look for them at their last known address call them at any telephone numbers that you've had for them in this modern age if you have an email address reach out to them by email and request request their address you know if you can if you know where family members or friends are who might be able to locate them to use those contacts and basically you have to use due diligence so that's when it comes time you can say yes I genuinely tried to find this person I was not able to find this person okay so once you have made that you once you've met exercise that due diligence and you have looked for that person and you have not been able to find them then the next thing to do is to go to court and get permission to serve by publication it's simple enough you go to the court you you file a motion you explain to the court by declaration everything done to try to locate the person and you declare that in that exercise of due diligence they simply cannot be found and what the court will do then is the court will give you permission to serve them by publication and this thing this involves publishing publishing a newspaper and there are rules in terms of number of days and how many times it has to be published the court has to the court will have you run this publication and it will be in a location where the person who you're trying to reach is most likely going to be able to.

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