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Q. Unlawful Detainer requirement

지역California 아이디s**nyb**c**** 공감0

조회1,540 작성일1/18/2013 9:45:49 PM

Sorry, There's been problems writing Korean on my computer (the computer not me).

I already served a 3-day pay or quit notice last week to my tenant by hiring a messenger from a courier service company. Now I am trying to file a Unlawful Detainer using a form from the LA county superior court website.

I found the item #5 on the form that says;

"At least three attempts to serve in a manner specified in Code of Civil Procedure, Article 3, (other than posting or publication) are required. List attempts to serve, if made by declarant, or attach declaration(s) of process server(s) stating attempts to locate and serve the defendants. If service not made, please explain."

I've never heard of '3 times serve' before!!!

Does this mean I have to send the messenger 2 more times before I file? Or just certified mails and posting the notice on the front door will do?

Thank you very much for your help in advance.

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쟌 오 님 답변 답변일 1/21/2013 8:07:41 AM

You are not understanding the form properly. Service of the Summons can be done basically two different ways. First and the best is to deliver the Summons directly to the tenant(s). Second method is called substitute service. If your delivery person went and did not find the tenant at the address, he cannot just leave a copy with anyone. He must try at least three times until he actually serves the tenant or if still unserved, then he can sub-serve anyone living there over 18 years of age and this is be considered substitute service and the proof of service must be filled out accordingly. If direct service was made, then you do not need to worry about that provision.

Also, make sure you also serve the prejudgment claim of right to possession form along with the summons and complaint.