Problem with Serving the Defendent

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lschong

New Member
Jurisdiction - LA County

The explanation of this situation is kind of long, sorry.

So, I'm trying to serve my former landlord with a lawsuit (it was a sublet situation), and asked a friend to help me serve her. It's a few days before the 15 day advance notice deadline.

We went to her house last night, my friend knocked on the door, and front window for a good 5-10 minutes, and even though she could see my friend through the window, refused to get up or even acknowlege her, while her dog was barking her head off.

This morning we went back again, and she called the police. We explained to the police that we were just trying to serve court papers, and they said everything was fine, and we were within our right to do so. After they left, my friend went and knocked again, and apparently she called the police _again_ because the same officers came back.

One of the officers went to speak with her, and she claimed she was someone else, that she had a baby in the house and didn't want us on her property, and that she didn't have an ID to prove who she was.

The officer told my friend he knew she was lying, but they couldn't do anything about that. The other officer contacted his lieutenant, whose advice was leaving a copy on the doorstep and contacting the court to see if that was permissible.

The advice I received, was since the woman (whom my friend identified in a picture I showed her) had closed the door before the papers were left, she could still claim she had never been served.

I'm trying to determine what the best way to serve someone who is this resistant is. I'm not sure if she picked up the copy of the demand letter I sent her by certified mail since it hasn't been returned yet, but it's been over 15 days since when USPS attempted to deliver it and left notice. Because of this, I'm reluctant to serve her by certified mail.

I don't know if I should waste my and my friend's time waiting outside her house to serve her in the next few days or if I should file for a reset, and hire the sheriff's department to serve her in hopes that she will open the door to someone in uniform.

Any advice?

Thanks
 
Hire a constable to serve her-- you & your friend should not be serving her. call a constable and have them serve her and if need be change the court date.
 
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