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Competent member of
household does not mean family member. It means anyone who resides at that residence, including full time live in nannys, maids, gardeners, friends, etc.. As long as
person resides ther full time they can be considered members of
household.
Person apparently in charge does not mean, as some process servers believe, a manager or officer of
business or place of mailing. It means "the person apparently in charge. If, at an office,
receptionist will not let
process server see anyone else in
office, then
receptionist is
highest person in charge that
server can serve. If
only person who works at a mail box service says that he or she is only a clerk, that person is still
person apparently in charge.
Serving a complaint in a gated community or security building where
security guard will not allow entrance. On May 28, 1992, in
case of Robert Bein vs Bechtel-Jochim,
California Court Of Appeals held that a guard gate does constitute part of
dwelling and therefore
guard is a competent member within
dwelling. The court reasoned that if a process server is not permitted to proceed to
actual residence, then
outer bounds of
actual dwelling place must be deemed to extend to
location at which
process server's progress is arrested.
Reasonable diligence has been interpreted differently in different jurisdictions, however, we have found that if three attempts are made at least eight hours apart and if at least two of those attempts are made at
address wher
papers are served then a substituted service on
fourth attempt is usually considered valid.
The foregoing information is not given as legal advice. It is instead given as information and opinion gathered and developed through experience over
last thirty years. David Hallstrom is
owner of Hallstrom Detective Agency and although
agency no longer offers process serving services, it has, through it's servers, completed service of several hundred thousand legal documents. Although
author believes
information to be accurate no guarantee is made or implied.
Permission is given to reprint this article providing credit is given to
author, David G. Hallstrom, and a link is listed to Resources For Attorneys
owner of this article. Anyone or any company reprinting this article without giving proper credit and
correct link, is doing so without permission and will be subject to legal action.

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