In California, when a defendant cannot be located despite diligent efforts, the court may permit service of legal documents through publication. This method involves publishing a notice in a newspaper to inform the defendant of the legal action. Understanding when service by publication is considered complete and the subsequent timeline for a defendant’s response is crucial for legal proceedings.(dailyjournal.com)
When Is Service by Publication Complete?
Service by publication is deemed complete at the end of the 28th day following the first date of publication. This process requires the summons to be published once a week for four consecutive weeks in a newspaper approved by the court. The 28-day period includes the first day of publication .(cc-courts.org, stimmel-law.com)
Defendant’s Time to Respond
After service by publication is complete, the defendant has 30 days to respond to the summons. Therefore, the total waiting period before a plaintiff can request a default judgment is 58 days from the first day of publication: 28 days for the publication period and an additional 30 days for the defendant’s response time .(cc-courts.org, selfhelp.courts.ca.gov)
Key Steps in Service by Publication
- Demonstrate Due Diligence: Before seeking permission for service by publication, the plaintiff must show that reasonable efforts were made to locate and serve the defendant through other means. This includes attempts such as contacting known associates, checking directories, and other investigative methods .(stimmel-law.com, dailyjournal.com)
- Obtain Court Approval: The plaintiff must file an application with the court, detailing the efforts made to locate the defendant and requesting permission to serve by publication. The court will review the application and, if satisfied, will issue an order allowing service by publication .(selfhelp.courts.ca.gov)
- Publish the Summons: Once approved, the summons must be published in a newspaper designated by the court, once a week for four consecutive weeks. The newspaper should be one that is most likely to give actual notice to the defendant .(stimmel-law.com)
- File Proof of Publication: After the publication period, the newspaper will provide a declaration or affidavit of publication. This document must be filed with the court to confirm that service by publication has been completed .(cc-courts.org)
Important Considerations
- Mailing If Address Is Found: If the defendant’s address is discovered during the publication period, the plaintiff must have the summons and complaint mailed to that address.
- Requesting Default Judgment: If the defendant does not respond within the 30-day period following the completion of service by publication, the plaintiff may request the court to enter a default judgment.
- Potential for Setting Aside Default: If a default judgment is entered due to service by publication, the defendant may later petition the court to set aside the default if they can demonstrate that they did not receive actual notice of the lawsuit in time to defend themselves .(dailyjournal.com)
Service by publication is a method of last resort, employed only when other avenues to serve the defendant have been exhausted. It is essential to follow the legal requirements meticulously to ensure that the service is valid and to uphold the integrity of the judicial process.