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Proper Service of Summons and Complaint

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  • 07-18-2005, 05:02 PM
    B Man
    Proper Service of Summons and Complaint
    I live in the county of Los Angeles. I was wondering what are the proper procedures for serving a three-day notice to pay or quit, and or summons and complaints of unlawful detainer.
    The second part of my question is as follows: can you charge attorney fees if you are representing yourself in pro per.
  • 07-18-2005, 05:15 PM
    aaron
    Re: #1 Proper serving of notice & Summons #2 in pro per
    Quote:

    Quoting B Man
    I live in the county of Los Angeles. I was wondering what are the proper procedures for serving a three-day notice to pay or quit, and or summons and complaints of unlawful detainer.

    There should be instructions for service on the forms. If you are the landlord, you cannot serve a summons and complaint yourself, as you are a party to the case. You may wish to use a process server.

    Quote:

    Quoting B Man
    The second part of my question is as follows: can you charge attorney fees if you are representing yourself in pro per.

    No.
  • 07-18-2005, 05:50 PM
    B Man
    Aaron, thank you for taking the time to reply to my question. I happen to be the tenant in this case. I came home and found a summons of unlawful detainer taped to my door. I notice the event we have five days to answer the summons. One more question, is it five calendar days or is it five court days?
  • 07-18-2005, 06:03 PM
    aaron
    Summons
    A typical summons, as reflected on the California Courts website, states five calendar days.
  • 07-18-2005, 06:19 PM
    B Man
    Aaron, I got that on thursday 5 days means I have to respond by tomorrow..


    Thanks again for all your help

    B Man
  • 03-24-2006, 05:30 PM
    debralcloud
    SERVICE BY POSTING COULD BE ILLEGAL
    Whoah! Too bad that I read this 1 year too late!

    In a CALIFORNIA unlawful detainer action for residential property, service of summons and complaint by posting is illegal unless the plaintiff has first received permission from the court to do so. I am not sure if this applies to commercial property.

    Example: If the process server shows up on 3 separate occasions and cannot find a responsible adult, then the landlord must first petition the court for the right to post the notice on the door.

    Please note that the landlord must have served the tenant a 3-day notice first, either
    *in person
    OR
    *by posting on the door (without permission from the court, of course) and then mailing a copy to EACH tenant.

    There you have it.
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