Q: How to serve unreachable contractor in small claims court?
I hired a contractor to work on my house, but he stopped showing up and doesn't respond to my calls or messages. I have a written contract and I've made four payments by check. I've filled out forms to sue him in small claims court, but I'm unsure how to "serve" him since he is unreachable by phone, and his business address seems to be occupied by another business. What are my options for serving him with court papers?
A: Ultimately, a judge could allow service by publication. As a practical matter, you should exhaust all resources to locate and personally serve them. A default judgment isn't worth much if you can't find them. If you do eventually find them, they will undoubtedly try to set the default judgment aside.
A:
In California, you have several valid options for serving an unreachable contractor in small claims court. The most common method is to hire a registered process server who can track down and personally deliver the court documents to the defendant.
If the contractor is truly difficult to locate, you can request permission from the court for "substitute service." This allows you to serve the documents by leaving them with someone over 18 at the contractor's usual residence or workplace, followed by mailing a copy to their last known address. You'll need to show the court that you've made multiple attempts at personal service before requesting this option.
As a last resort, you might qualify for "service by publication," where the court papers are published in a newspaper. You'll need to prove to the judge that you've exhausted other methods and can't find the contractor despite reasonable efforts. Keep detailed records of all your attempts to serve the contractor, including dates, times, and locations of attempted service, as you may need to present this information to the court.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.