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  1. #1
    Join Date
    May 2011
    Posts
    2

    Default Who Can Serve Papers for a Homeowners Association

    My question involves small claims court in the state of: CA

    The Treasurer of our Homeowners' Association is suing a member homeowner for non-payment of dues. He is suing on behalf of the association, and is filing form SC-109 "Authorization to Appear" to establish the representation.

    Can another homeowner (other than the Treasurer) serve the defendant in this case? Or would all homeowners of the association be presumed to be "named in the case" and therefore ineligible as servers?

    Thanks!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Who Can Serve Papers for a Homeowners Association

    Why do you imagine that every homeowner would be somehow involved as a party or witness to the litigation?

    Most businesses use professional process servers. They don't cost all that much.

  3. #3
    Join Date
    May 2011
    Posts
    2

    Default Re: Who Can Serve Papers for a Homeowners Association

    Thanks for the reply.

    My understanding is that we will list the plaintiff as XYZ Homeowners Association. The Treasurer of the association will actually file the paperwork and show up at the hearing. I was going to serve the papers on the defendant. Looking at the Proof of Service form, I see that I must declare that I am "not named in this case." Since I own property in the same neighborhood and am a member of the Homeowners Association, it occurred to me that I might be "named in the case."

    We could use a process server, but would prefer to avoid the expense if it is unnecessary. I understand we can try to add these costs to a judgment, but if we have trouble collecting it is just more good money after bad.

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