Can I serve a person’s attorney of record at the court where she is on the doclet for tomorrow as a form of substituted service?

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Can I serve a person’s attorney of record at the court where she is on the doclet for tomorrow as a form of substituted service?

Someone owes me money for a car. They have fled the county and I do not know the new address or work info. However, they are scheduled to appear in criminal court on tomorrow’s docket and their attorney of record’s name is on the docket. Can I serve him as a substitute service?

Asked on April 4, 2012 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have a few differnet components to this question.  First, generally speaking, attorneys do not accept service on behalf of their clients unless they have specifically agreed to it, and the law supports them here.  Second, he is not his attorney for all purposes but here only for the criminal proceeding so it is doubtful that the attorney would agree to accept.  Next, you can not serve people present for a court appearance (that would apply to the person but just as a general rule). I would get legal help here.  If you could serve them by publication or another method the court will allow (on a motion from you) and you get a judgement you can attach assets here in the US.  Good luck. 


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