What constitutes valid proof of service?

UPDATED: Jun 25, 2013

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What constitutes valid proof of service?

I won a small claims case. The other party filed a motion to vacate. The clerk served the person via mail and her husband signed the certified receipt. Is that valid proof of service? Also, the judge served her the minutes informal via clerk because he had to change the court dates 2 times yet she said she never knew about a lawsuit. Her address is the same address listed on the motion to vacate. Was she served by the clerk the first time? What about the times the judge served her with court date changes?

Asked on June 25, 2013 under Business Law, California


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 9 years ago | Contributor

At the commencement of a civil action, the Defendant must be served as provided by law.  This means, the Defendant must be served by a Sheriff's Deparment or some other authorized process server.  Once the Defendant has been property served, all other pleadings may be served upon the Defendant by regular mail.  You can not commence a lawsuit and serve the Defendant by certified mail.

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