Substituted Service In CaliforniaWritten by David Hallstrom
The following article was written for Resources For Attorneys.com by David Hallstrom, a private investigator, he is not now nor has he ever been an attorney.Section 415.20 (b) of California Civil Code Of Procedure States: If a copy of summons and complaint cannot with reasonable diligence be personally delivered to person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of summons and complaint at person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in presence of a competent member of household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of contents thereof, and by thereafter mailing a copy of summons and of complaint by first-class mail, postage prepaid to person to be served at place where a copy of summons and complaint were left. Service of a summons in this manner is deemed complete on 10th day after mailing. Most process servers understand dwelling house or usual place of abode to mean actual place where person is currently staying. It has, however, been our experience that this means official residence or place where person is currently staying. We have found that most courts consider dwelling house to be where person is currently staying and usual place of abode to mean persons permanent residence, ie: person lives with his parents but is currently away at school. The persons dwelling house would be where he is currently staying while in school and his usual place of abode would be his parents house where he returns on vacations and when school is on break and where he expects to return when he finishes school. The same applies if person is currently in hospital, away on a business trip or is on a vacation. Usual place of business can mean different things. Say a person works every day in a factory on 8th St., that of course would be a usual place of business. Say a Doctor is on staff and shows up for work regularly at ABC Hospital. He also rents office space from a doctor's group at another location where he also sees paitents. It has been our experience that both places could be considered Doctors usual place of business. Usual mailing address other than a United States Postal Service post office box. Usual mailing address can be a private mail box service or any other place (Other than a U.S Post Office branch.) that subject uses as a mailing address. This does not mean that person must actually pick up or receive mail. It only means that person must use address as a mailing address. Some people in order to evade creditors or others give out mailing addresses but never pick up mail. If a person directs people to send that person's mail to a certain address then that address can be considered a usual place of mailing as server would have no way of verifying that mail is actually picked up.
| | Accident attorney - Should you hire one?Written by David G. Hallstrom
The following article was written for Resources For Attorneys.com by David Hallstrom, a private investigator, he is not now nor has he ever been an attorney.You have been in a accident, automobile, slip and fall, workplace, etc.. Should you see or speak with an attorney? As far as I am concerned, answer is always yes. When should you consult with an accident attorney? You should seek advise of an accident attorney as soon as possible after accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking with other sides insurance agent, adjuster or attorney. You say that you can not afford an attorney. Most accident attorneys will consult with you for free and, if they take your case, will handle it on a contingency basis, not taking any fee untill case is settled. Most settlements are increased to cover cost of attorney and therefore normally attorney costs you nothing. Many attorneys will also advance all court costs for you if they are forced to file suit. You say that you were injured, however, insurance company has offered to pay your medical bills and you do not feel it is right to take advantage of them by asking for additional money for your, pain, suffering, lost work, etc.. Don't you feel that you as a person are worth something? Do you think so little of yourself that you feel that your pain, suffering, inconvience, etc. is worthless. You did not cause this accident. What you are going through was caused by someone else. You deserve to be compensated. The insurance company, as a matter of good business, has already built these types of costs into premiums that they charge their customers. If money does not go to you it will probably go to their shareholders or to increased salaries or ?. Why shouldn't you be properly compensated. Remember most good attorneys are ethical and although they will attempt to obtain as much money for you as is due, they will not take your case unless they feel that it is proper. You say someone else admitted liability and said that their insurance will pay all your damages. That's great, however, what if person changes his or her story later on and says that you were at fault. Or what if other side's insurance company refuses to pay what you think is proper. In fact, how do you know what is proper? Remember, an insurance company may pay claims, but it is in business to make money. It normally will not offer one dollar more than it has to and if you are not represented by an attorney insurance company adjuster or attorney may feel that he or she can "get away" with paying much less than claim may be worth. Additionally, what people state at time of an accident is not always what they state after having spoken with a friend, insurance agent or attorney. Finally, an insurance adjuster or insurance attorney works for insurance company, not for you. How do you know that what they are telling you is correct or true. Remember, in most instances, they are there to try and save company money. You need an attorney on your side to tell you what your rights and obligations are.
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