Q: Defective service of process by mail.

A: Under California law, service of process by mail is governed by the California Code of Civil Procedure (CCP) sections 415.30 and 1013a. To ensure proper service by mail and avoid defects, consider the following legal means:

1. Ensure compliance with CCP 415.30:

a. The summons and complaint must be mailed by first-class mail or airmail, postage prepaid, to the person to be served, together with two copies of the notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender.

b. The notice must be in the form prescribed by the Judicial Council.

2. Confirm proper completion of the Notice and Acknowledgment of Receipt (NAOR):

a. The NAOR must be completed and signed by the recipient.

b. If the NAOR is not returned within 20 days, personal service must be attempted.

3. Verify the process server's qualifications:

a. Ensure the process server is a registered professional, sheriff, or marshal.

b. Check their registration status with the county clerk's office.

4. Provide detailed instructions to the process server:

a. Specify the documents to be served and the recipient's address.

b. Emphasize the importance of following CCP 415.30 and 1013a.

c. Request a proof of service affidavit detailing the service attempts.

5. Monitor and document service attempts:

a. Maintain records of all service attempts, including dates, times, and methods.

b. If improper service persists, consider filing a motion for alternative service under CCP 413.30.

6. Seek court intervention if necessary:

a. If the defendant is evading service, consider filing a motion for publication or posting under CCP 415.50.

b. In cases of persistent improper service, consider requesting a court order for alternative service methods.

7. Engage an attorney specializing in civil procedure:

a. Consult with an attorney experienced in complex civil litigation and service of process issues.

b. An attorney can provide guidance on handling persistent defects and protecting your case.

Remember, proper service is crucial to avoid sanctions and ensure your case proceeds without unnecessary delays. Document all service attempts thoroughly and seek legal assistance if improper service persists.

A: Licensed process server that you hire should know the laws as to proper service. They don’t always. Therefore you instruct them where you find that knowledge lacking or hire someone else.

Just like in all endeavors, people are paid for services they perform. If the performance is below par, they should be paid less or not at all. Often it is best to simply hire quality personnel.

A: As my colleagues correctly advise, put the service in the hands of a professional. The reputable high-volume process servers know this area of civil procedure rules better than attorneys do. Good luck