In California, 30 days are given to respond to the summons from when served. After 30 days end, the creditor cannot immediately start garnishing wages or levy a bank account again.
When the party lives out of state, papers can be served by sending a copy to that party by first-class, postage prepaid mail, return receipt requested.
If avoiding a process server, a judge may allow papers left at their home or business with any competent person over 18. A judge may also allow the summons mailed to their home or business via certified mail.
If defendants are not served within 60 days of filing, proofs of service must still be filed within 90 days of filing.
The summons and complaint can be served by any person 18 years of age or over and not a party to the action. The plaintiff cannot serve the summons and complaint.
Personal delivery of the summons and complaint copy completes service at delivery time.
Serving Summons in California: Time Limits
How long do you have to serve summons in California? You have three years from the date you have taken legal action against someone to serve them with a summons and complaint. The court requires you to serve the defendants within 60 days of filing, and to file a proof of service of summons within 90 days of filing.
Avoiding Service and Consequences in California
What happens if you avoid being served court papers in California? If avoiding a process server, a judge may allow the papers to be left at their home or business with any competent person over 18. A judge may also allow the summons mailed to their home or business via certified mail. If not served in the correct way at the correct time, the court cannot go forward with the case. A person is served when they officially receive the papers.
Additional Information: Serving Papers
How many times can a process server come to your house in Texas? A process server can attempt to serve someone at any time of the day or night except on Sundays in Texas.
Can a process server just leave papers at your door California?
In order to avoid fees, you must waive formal service of a summons by signing and returning the attached waiver within at least 30 days, or at least 60 days if the defendant is outside a U.S. judicial circuit from the date set forth below, the date this notice was sent.
It’s rarely advantageous to avoid service. It can result in decisions without your knowledge and longer, more expensive cases. Process servers must know laws on serving documents. They cannot do anything illegal, like trespass, or lie about who they are.