How to serve someone who moved out of state?

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How to serve someone who moved out of state?

I was in a car accident last year caused by the other driver. His insurance company will not pay for my damages. Since I was not covered at the time ( I wasn’t aware my insurance had expired i was driving 2 weeks without being covered), was advised by an attorney to take the driver to small claims. So I filed a suit but when I had a sheriff serve him found out that he had moved. I finally got a forwarded address but the other driver has moved to another state. Now how do I have him served? Do I have to refile since he has a different address? How does an out of state suit work?

Asked on April 26, 2012 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  Since this is an auto accident, you can file it in Small Claims Court in CA and have the defendant served in the state where he resides.  You should contact a process server in the city where the defendant resides or if that is not possible, a process server near the city where the defendant resides.  That process server can serve the defendant and send you the proof of service.  You would then file the proof of service with Small Claims Court in CA.  You can find process servers listed under attorney services in the Yellow Pages or online.


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