Mode of Service (2)

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上一篇介绍了三种同样适用于中国的法律文件送达方式(直接送达、邮寄送达和公告送达),接下来一起来看看California Courts规定的其他送达方式:

 

1. Substituted service - 替代送达

相关规定:

Substituted service is used after several attempts to personally serve the papers have failed.

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 on each one of those times, he or she can, on the last attempt, leave the papers with someone at the other party’s house, at least 18 years old, who lives there. If the server is trying to serve the papers at the other party’s work, then the papers can be left with someone at the office that appears to be in charge and is at least 18 years old.

The server must tell the person that he or she hands the papers to that they are legal documents for the other party. The server must also write down the name and address of the person he or she gave the court papers to. If the person will not give his or her name, the server must write down a detailed physical description.

Next, the server must mail a copy of the papers to the other party at the address where the papers were left.

The server must then:

Write up a “Declaration of Due Diligence,” which is document for the court detailing every attempt attempt he or she made to serve the papers in person. It should include the dates he or she went to the house or work, times of day, and what the result was (for example, “No one answered the door” or “Party not in the office”). The server has to sign this document under penalty of perjury.

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, with the Declaration of Due Diligence, to file in court.

Substituted service is complete10 days after the day the papers are mailed.

 

小结:

如果送达人多次亲自送交法律文件但依然无法在家中或工作地找到受送达人,可将文件交付予其同住人(须年满18岁),也可交付予工作地负责人(须年满18岁)。交付时,送达人须告知代替受送达人接收文件之人这是送交受送达人的法律文件,并记下其姓名和地址(若不方面透露姓名,须详细记录其外貌特征)。然后,送达人须将法律文件副本按照正本文件送交地址邮寄至受送达人。送达人须准备一份尽职调查声明,详述每一次亲自送交法律文件的过程,包括日期、时间、结果;然后在声明上签字,表明如有不实,愿受伪证罪处罚;填写送达证明,其中须注明文件送达的时间、地点以及方式,记下代替接收文件之人的姓名(或外貌特征),再在上面签字;最后将送达证明交给受送达人,送达证明和尽职调查声明一并送交法院存档。法律文件邮寄后十天视为送达。

 

2. Service by notice and acknowledgement of receipt - 以通知和回执方式送达

相关规定:

When the other side agrees to be served by mail and is willing to sign a document for the court saying that they received the papers, you can usually use this method. It is usually used for the summons and complaint/petition (in civil cases or family law cases).

 

To serve by Notice and Acknowledgement of Receipt:

The server mails the summons and complaint to the other side with a 2 copies of the Notice and Acknowledgment of Receipt.

The other side signs 1 copy of the Notice and Acknowledgment of Receipt, telling the court that he or she received the papers in the mail, and returns it to the server.

The server then fills out a Proof of Service, detailing to whom the papers were mailed, to what address, when, how (by first-class mail), and where they were mailed from. The server has to attach the Notice and Acknowledgment of Receipt returned by the other side. The server signs the Proof of Service and returns it to you to file in court.

Service by Notice and Acknowledgment of Receipt is complete on the date the Acknowledgment of Receipt portion of the form is signed by the other side.

 

小结:

送达人可将传票和诉状邮寄至受送达人,随附两份通知和回执;由受送达人在其中一份通知和回执上签字,通过邮件告知法院其已收到法律文件,并将附有签字的通知和回执交给送达人;送达人填写送达证明,其中须注明收件人、邮寄地址、邮寄时间和方式、寄件地址,还须附上受送达人返回的通知和回执,在送达证明上签字,最后交给受送达人,送交法院存档。受送达人在回执上签字的当天为送达之日。

 

 

参考:

https://www.courts.ca.gov/selfhelp-serving.htm

发布于 2023-02-25 18:49:57
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