This is an LC case($1001 to $9999) so I can't serve the other party the
court case answer by certified mail using the small claims clerk. However
there is no way to serve the party through a process server if all they
have is a PO BOX to serve to.

I can not file a motion with the court because I can't serve the other
party. How do I handle this? Otherwise I will default on the case with no chance to answer the complaint.

Thanks for any help.

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In misc.legal.moderated, on Fri, 15 Sep 2023 22:02:41 -0700 (PDT), Sam <samt@samt.invalid> wrote:

This is an LC case($1001 to $9999) so I can't serve the other party the
court case answer by certified mail using the small claims clerk. However >there is no way to serve the party through a process server if all they
have is a PO BOX to serve to.

I can not file a motion with the court because I can't serve the other
party. How do I handle this? Otherwise I will default on the case with no >chance to answer the complaint.

Thanks for any help.

I think there is someone here from California, but in addition, won't
the County Clerk answer questions like this? Or whatever office
handles the paperwork for claims like this. If the clerk in your
county is somehow unhelpful, there are other counties and I think all
have the same rules. I have found, at least with electrical supply
stores, that if you call an hour before closing, they've done all their
work for the day, are just waiting to go home, and may be happy to talk
at length, but the basic question you have is part of their job and they
should answer it even in the morning.

--
I think you can tell, but just to be sure:
I am not a lawyer.

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micky <misc07@fmguy.com> wrote:

In misc.legal.moderated, on Fri, 15 Sep 2023 22:02:41 -0700 (PDT),
Sam <samt@samt.invalid> wrote:

This is an LC case($1001 to $9999) so I can't serve the other
party the court case answer by certified mail using the small
claims clerk. However there is no way to serve the party through a
process server if all they have is a PO BOX to serve to.

I can not file a motion with the court because I can't serve the
other party. How do I handle this? Otherwise I will default on the
case with no chance to answer the complaint.

Thanks for any help.

I think there is someone here from California, but in addition,
won't the County Clerk answer questions like this? Or whatever
office handles the paperwork for claims like this. If the clerk
in your county is somehow unhelpful, there are other counties and
I think all have the same rules. I have found, at least with
electrical supply stores, that if you call an hour before closing,
they've done all their work for the day, are just waiting to go
home, and may be happy to talk at length, but the basic question
you have is part of their job and they should answer it even in
the morning.

I'm from California. The court clerk won't answer these questions,
but each small claims court has an attorney who is a small claims
advisor - free advice for litigants.

The best answer to the question will depend on the status of the
defendant. If it's a corporation or an LLC, they will have an Agent
for Service of Process on file with the Secretary of State, and
that's who to have the clerk mail the notice to.

If the person is an individual, process services are often
investigators, and have ways to track down people to serve them. And
their fees will be added to your judgment. So rely on a
professional.


--
Stu
http://DownToEarthLawyer.com

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On Sat, 16 Sep 2023 21:09:51 -0700 (PDT), "Stuart O. Bronstein" <spamtrap@lexregia.com> wrote:

I'm from California. The court clerk won't answer these questions,
but each small claims court has an attorney who is a small claims
advisor - free advice for litigants.

You are right about the court clerks not answering legal questions.
However, I have a Limited Case and the small claims court advisor will not
help me either. I will look up the Registered Agent for the bank and serve
that address. Although the superior court web site says service must be to
the address that is listed at the top of my summons, but I can not serve
that address.

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In misc.legal.moderated, on Mon, 18 Sep 2023 21:48:41 -0700 (PDT), Sam <samt@samt.invalid> wrote:

On Sat, 16 Sep 2023 21:09:51 -0700 (PDT), "Stuart O. Bronstein" ><spamtrap@lexregia.com> wrote:

I'm from California. The court clerk won't answer these questions,
but each small claims court has an attorney who is a small claims
advisor - free advice for litigants.

You are right about the court clerks not answering legal questions.

Maybe they shouldn't have done it but they were very helpful to me in
Baltimore County. 30 years ago fwiw.

However, I have a Limited Case and the small claims court advisor will not >help me either. I will look up the Registered Agent for the bank and serve

This is a bank that only has a post office box for an address? Shifty
enough in the first place, worse that it's a bank. Maybe you can serve
an ATM?

that address. Although the superior court web site says service must be to >the address that is listed at the top of my summons, but I can not serve
that address.

--
I think you can tell, but just to be sure:
I am not a lawyer.

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* Origin: fsxNet Usenet Gateway (21:1/5)

Sam <samt@samt.invalid> wrote:

"Stuart O. Bronstein" <spamtrap@lexregia.com> wrote:

I'm from California. The court clerk won't answer these
questions, but each small claims court has an attorney who is a
small claims advisor - free advice for litigants.

You are right about the court clerks not answering legal
questions.
However, I have a Limited Case and the small claims court advisor
will not help me either. I will look up the Registered Agent for
the bank and serve that address. Although the superior court web
site says service must be to the address that is listed at the top
of my summons, but I can not serve that address.

I don't know what address is on the summons, but serving at a specific
address is not required as long as they are properly served. The
Secretary of State's website, if you don't have it is:

http://sos.ca.gov

If you are suing a bank, however, any teller of the bank can be served.
You can't personally serve it, but any other person over 18 can do
that.

Good luck.


--
Stu
http://DownToEarthLawyer.com

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