Serve your answer | California Courts (2024)

FAQs

Can you refuse to be served in California? ›

No, in California a person cannot refuse to accept service.

Figure out the deadline to serve

Unless the court orders a different time to serve, your server must mail the papers at least 16 court days plus 5 calendar days before your court date. A court day is a day the court is open (Monday through Friday, excluding court holidays).

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney.

Any person who is at least 18 years old and not involved in the case may serve papers. The person who serves the papers will have to fill out a Proof of Service form showing what they gave (served) to the other parties. Choose someone to serve the papers who is able to fill out the form.

If the party being served is a person, the papers can be mailed to his or her home or mailing address. If it is a business, the papers must be mailed to the owner(s) at the business's main office.

How many attempts will a process server make in California? Typically, a process server will make three attempts. If the server cannot reach the affected party, the server may apply to mail a copy of the summons.

A defendant may not legally evade the process. Doing so will not stop the lawsuit from progressing. In that case, the plaintiff's process server may leave the documents in a place where the defendant is likely to obtain them easily.

While process servers can't enter a locked building without permission, they might leave a legal document attached outside your door if it doesn't show the content. In most cases, a process server will return if you aren't home or wait for you to leave to catch you while walking down the street.

According to California Law, there are permissible hours for a process server to serve documents. This is generally between 6:00 am and 10:00 pm PST. These hours are put in place so that service of process is carried out in a respectful manner that does not cause disruption to the person being served.

Go to the courthouse address listed at the top of the Complaint you were served with. At the courthouse, file the forms by giving the original and the 2 copies of the Answer and Proof of Service to the clerk. The clerk will stamp the forms. The court will keep the original and return the copies to you.

What happens when someone doesn't respond to a summons? ›

Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!

If the prosecutor is successful in proof then the defendant will be held to answer, meaning they will be held over for trial. However, if a judge determines that the prosecutor did not meet their burden of proof, then the judge can reduce the charges from a felony to a misdemeanor or dismiss the case altogether.

The papers must be served on the other parties by personal delivery, fax, express mail, electronic service, or other means consistent with the rules and “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing or reply papers" ...

The law in California states that if a complaint is verified the answer to the complaint must be verified. California law also states that any answer to a complaint filed by a governmental entity must be verified. See Code of Civil Procedure § 446.

Plaintiffs alleged JustAnswer violated the ARL, CLRA, and UCL by “enroll[ing] consumers in automatic renewal membership programs without providing the 'clear and conspicuous' disclosures mandated by California law, and post[ing] charges to consumers' credit or debit cards for purported membership charges without first ...