Substituted service is ONLY allowed when service is NOT POSSIBLE. Service in this manner STILL needs to be handled by a third party, Sheriff's Officer, or Process Service, and documents need to be prepared in the same manner as they would for personal service. When using this method of service the following forms should be used:
For Substituted Service:
The server tries to personally serve the papers on the other party a number of times (usually 3 or more), but cannot find the party at home (or work, if that is the address the server has). The server must try different days of the week and different times of the day, at times when the other person is likely to be home (or at work if serving him or her there).
If the server is unable to find the person to be served, he or she can leave the papers with someone at the other party’s address, so long as the service takes place between the hours of 8:00 A.M. and 8:00 P.M., and the person receiving the papers is at least 18 years of age. (CCCP §1011(b)), (Sweeting v. Murat (App. 2 Dist. 2013) 164 Cal.Rptr.3d 383, 221 Cal.App.4th 507).
If there is no one over the age of 18 home at the time of service, the notice or papers can be served by mail (CCCP §1011(b)) (see information in "Service by Mail" tab).
Unlike the requirements for the Service of Summons, the server DOES NOT need to mail a copy of the papers to the other party at the address where the papers were left. (CCCP §415.20(b)).
The server must then fill out a Proof of Service, detailing when, where, and how the papers were served. The server has to make sure to write the name of the person he or she left the papers with (or a detailed physical description). The server signs the Proof of Service and returns it to you to file at the court.
