Is certified mail a substitute for being served?

Question

Does certified mail serve as a substitute for being served in person?

Answer 1

The problem with certified mail is anyone at the address can sign for it , so there is no guarantee the actual person will get the information.

Depending on the court, and the judge, this could be an issue.

Answer 2

It may vary depending on the jurisdiction's trial rules, but I'm almost positive it's permissible just about everywhere seeing as it is, serving someone in person may not always be practical.

Answer 3

You could, but it is easier for the person you serve to claim they weren't the ones who signed for it. You'd be better off paying the sheriff to do it, it holds more water if challenged in court.

Answer 4

UNDER RULES OF FEDERAL PROCEDURE WHICH ARE COPIED AND ADHERED TO BY MOST STATES, A CERTIFIED MAIL IS DONE UPON A PERSON NAMED IN THE CIVIL ACTION OR COMPLAINT.
IN ALABAMA IT IS RULE 4.1 RULES OF CIVIL PROCEDURE-PROCESS: METHODS OF SERVICE IN STATE SERVICE--(C) CERTIFIED MAIL: THIS ACCORDINGLY MUST BE SERVED UPON THE PERSON IDENTIFIED AS THE ONE IT IS SENT TO.
(2)
HOW SERVED: "WHEN THE PERSON TO BE SERVED IS AN INDIVIDUAL:
THE CLERK SHALL ALSO REQUEST RESTRICTED DELIVERY." (DELIVERY TO PERSON IDENTIFIED OR NO DELIVERY) IF NOT DELIVERABLE WITHIN 30 DAYS DOES NOT EFFECT VALIDITY OF SERVICE OR SERVICE TRIED.

Answer 5

This is a summons to appear in court? He can't shut down the court process just by refusing to accept the summons. That only happens in the movies. If it was that easy to do, the whole system would grind to a halt! It can be left at his work or with his room mate along with mailing a copy to him as well. Here's the section of the California Rules of Civil Procedure that covers this : 1. In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing. 2. If a copy of the summons and of the complaint cannot with reasonable diligence be personally delivered to the 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 of the summons and of the complaint at such 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, in the presence of a competent member of the 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 of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. 15.) You can double check by calling the court clerk's office. Don't ask them how to do it, tell them how you think you should do it, and ask if that will be valid. "If I have a copy hand-delivered to his supervisor at work and a copy mailed to him as well, will this be adequate service?" Make sure your "proof of service" is on all copies to him and to the court.