How to serve someone who moved out of state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.