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...
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How to serve someone in california Form: What You Should Know
When the papers are served, the person serving the papers must give or send an official receipt to the person (who did not receive the papers) and the sheriff (or other person who served the papers) that shows that they have received them. WHAT YOU NEED TO KNOW IN ORDER TO SERVICE LEGAL PAPERS IN CALIFORNIA (a) Notice of Claim must be served by the person who is suing. (b) If both plaintiffs (the person who is suing and the person who is suing in a different court) agree, they can each serve the notice on a third party. That is, the plaintiff may serve the notice on a third party who is not the defendant and the defendant may serve the notice on a third party who is not the plaintiff. The notice must include the title and address of the other party and the date of the claim against the person who is suing. In this situation the third party (for instance a lawyer) will have to take action to get the correct judgment or a new claim based on the legal theory underlying the claim. Each side will need to have a copy of the notice. After the other parties receive the papers, they cannot remove the papers from the sheriff (or any other service place) or destroy them; and the papers remain in the Sheriff's (or another service place) responsibility until the final court decision on the claim. The court may order someone to serve the papers if it agrees. This means that someone else will generally do this part, if they agree to do so. (d) A notice for filing is not a court order for filing the claim. The person who is suing is legally required to file any claim against the other party, but the person who is suing for an exemption for a fee or filing fee or filing fee is not legally required to file a claim in the process unit that filed the claim. (e) The other party cannot file a claim without a Court filing. (f) The person who is suing for other than an exemption for a fee cannot file a claim without an order of the court. (g) If you decide to not serve documents under California Business & Professions Code Section 835.40, the sheriff will file the papers themselves. You can ask the court for an order allowing you to serve your papers in another manner. (h) You can get an order allowing you to serve documents without giving a copy to anyone except your lawyer that is giving the service.
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