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Process for "Posting and Mailing" Service for an Eviction

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  • 01-07-2012, 01:26 PM
    zuhaib
    Process for "Posting and Mailing" Service for an Eviction
    My question involves an eviction in the state of: CA, City and County of San Francisco (SF tends to do weird stuff that is only local to SF).

    So I have an unlawful detainer action against my tenants as they have not paid 3 months of Rent and are refusing to move after the 3-day notice. But the problem is after I hired a company to serve the unlawful detainer papers they reported that they avoided them after 4 attempts. I have filed the declaration stating they attempted 4 times but at this point its been a week and I have not heard anything from the court and I have seen conflicting information with some saying you must wait for a judge to give you the green light and some saying you can just do the posting and mailing after the 4th attempt. Anyone has any idea what to do? Also I have a friend who is willing to serve them as he can wait infront of the property.

    Thanks for any help you can provided.
    Zuhaib
  • 01-09-2012, 08:08 AM
    Mr. Knowitall
    Re: Process for "Posting and Mailing" Service for an Eviction
    As you know, given that you say you've already petitioned the court, if personal service cannot be effected despite repeated attempts, you must apply to the court for approval to serve the tenant by posting the summons and complaint at the unit and mailing it to the tenant.

    I recognize your frustration that the court has not acted immediately on your petition, but courts don't always move as quickly as would be ideal. Arguably, they typically move much more slowly. I hope the court grants you permission soon, but it may take up to a month. If you don't mind incurring the cost, while you wait you can have your process server keep trying to effect service in person.
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