Substituted Service In California

Written 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) ofrepparttar California Civil Code Of Procedure States: If a copy ofrepparttar 119288 summons and complaint cannot with reasonable diligence be personally delivered torepparttar 119289 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 ofrepparttar 119290 summons and complaint atrepparttar 119291 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, inrepparttar 119292 presence of a competent member ofrepparttar 119293 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 ofrepparttar 119294 contents thereof, and by thereafter mailing a copy ofrepparttar 119295 summons and ofrepparttar 119296 complaint by first-class mail, postage prepaid torepparttar 119297 person to be served atrepparttar 119298 place where a copy ofrepparttar 119299 summons and complaint were left. Service of a summons in this manner is deemed complete onrepparttar 119300 10th day afterrepparttar 119301 mailing.

Most process servers understand dwelling house or usual place of abode to meanrepparttar 119302 actual place whererepparttar 119303 person is currently staying. It has, however, been our experience that this meansrepparttar 119304 official residence or place whererepparttar 119305 person is currently staying. We have found that most courts considerrepparttar 119306 dwelling house to be whererepparttar 119307 person is currently staying andrepparttar 119308 usual place of abode to meanrepparttar 119309 persons permanent residence, ie:repparttar 119310 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 ifrepparttar 119311 person is currently inrepparttar 119312 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 consideredrepparttar 119313 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.) thatrepparttar 119314 subject uses as a mailing address. This does not mean thatrepparttar 119315 person must actually pick up or receiverepparttar 119316 mail. It only means thatrepparttar 119317 person must userepparttar 119318 address as a mailing address. Some people in order to evade creditors or others give out mailing addresses but never pick uprepparttar 119319 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 asrepparttar 119320 server would have no way of verifying thatrepparttar 119321 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,repparttar answer is always yes.

When should you consult with an accident attorney? You should seekrepparttar 119287 advise of an accident attorney as soon as possible afterrepparttar 119288 accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking withrepparttar 119289 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 untillrepparttar 119290 case is settled. Most settlements are increased to coverrepparttar 119291 cost ofrepparttar 119292 attorney and therefore normallyrepparttar 119293 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,repparttar 119294 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 intorepparttar 119295 premiums that they charge their customers. Ifrepparttar 119296 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 ifrepparttar 119297 person changes his or her story later on and says that you were at fault. Or what ifrepparttar 119298 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 attorneyrepparttar 119299 insurance company adjuster or attorney may feel that he or she can "get away" with paying much less thanrepparttar 119300 claim may be worth. Additionally, what people state atrepparttar 119301 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 forrepparttar 119302 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 saverepparttar 119303 company money. You need an attorney on your side to tell you what your rights and obligations are.

Cont'd on page 2 ==>
 
ImproveHomeLife.com © 2005
Terms of Use