Can’t Find the Defendant? 3 Legal Ways to Serve Someone in California (Even When They’re Hiding)

Finding someone who’s actively avoiding service is one of the most frustrating parts of a legal case. Whether you’re a landlord trying to serve eviction papers, a business pursuing a debt, or an attorney handling a civil suit, you can’t move forward until the other party is officially notified.

That’s where California’s alternative service options — substituted service, publication, and electronic service — come in. At On Top Legal, we help clients successfully complete these steps while keeping everything 100% compliant with state law.

The Challenge of Locating Defendants in Legal Cases

Not everyone wants to be found. Some people relocate frequently, avoid answering the door, or even move without leaving a forwarding address.

However, under California law, a defendant must be legally served before a case can proceed. If they can’t be found after due diligence, you can request court approval to use alternative service methods.

Common reasons defendants are hard to serve:

• They’ve moved without updating their address.

• They’re actively avoiding process servers.

• They live in gated communities or secure apartments.

• Their address information is outdated or incorrect.

Avoiding service doesn’t make a case disappear — it only delays the inevitable. Courts recognize this, which is why alternative options exist.

What California Law Says About Alternative Service

Under California Code of Civil Procedure § 415.20–§ 415.50, if personal service is unsuccessful after reasonable attempts, courts allow you to request alternative service methods.

But “reasonable attempts” must be documented. This includes:

• Multiple attempts at different times of day

• Verified address or employment checks

• Use of skip tracing (if necessary)

  
  

Once diligence is shown, the court may permit other legal service methods.

Substituted Service Explained

Substituted service allows you to leave legal papers with another responsible adult at the defendant’s home, workplace, or mailing address.

Legal Requirements:

• The person must be at least 18 years old and reside or work at the address.

• The process server must inform them of the contents.

• A copy must also be mailed to the defendant at the same address.

• Proof of service must include details of both the hand-delivery and the mailing.

This method is often used when the defendant refuses to answer the door or is never home during regular hours.

At On Top Legal, our team carefully documents each attempt and ensures compliance to prevent your service from being challenged later in court.

Service by Publication

If all else fails, courts may permit service by publication — essentially “serving” someone through a newspaper ad.

How It Works:

1. File a motion for publication with the court, showing proof of due diligence.

2. If approved, publish the notice in a court-approved newspaper in the defendant’s last known area.

3. The notice must run for four consecutive weeks.

4. Proof of publication is filed with the court.

While this is the slowest method, it’s also the last resort when all physical and digital attempts have failed.

Electronic Service (E-Service

With the rise of technology, electronic service is gaining traction. In California, parties can agree to receive documents electronically through email or designated online platforms.

⚖️ When It’s Allowed:

• Both parties must consent in writing.

• Courts may also order e-service in certain civil or small claims matters.

Pros: Fast, cost-effective, and trackable.

Cons: Not valid without prior consent in most cases.

Skip Tracing: Locating the Hard-to-Find

Before turning to substituted or publication service, it’s wise to try skip tracing — a technique to locate individuals using databases, social media, credit headers, and public records.

At On Top Legal, we offer same-day skip tracing reports to locate defendants quickly and save clients from costly delays.

Best Practices for Law Firms & Individuals

• Keep detailed records of every service attempt.

• Use certified process servers like On Top Legal.

• Request court approval before using alternative service.

• File all proofs of service promptly.

• Stay updated on California CCP §415 changes.

Why Work with On Top Legal for Alternative Service

Choosing the right legal support team ensures your documents are properly served and your case moves forward without delays.

Why clients trust On Top Legal:

• Licensed & experienced process servers

• Detailed service documentation

• Affordable pricing with rush options

• Coverage across ALL of California

• Fast communication and real-time updates

You can start your request directly through the On Top Legal booking portal or call (909) 848-3786 for personalized assistance.

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Frequently Asked Questions (FAQs)

Q1: What if I still can’t find the person after skip tracing?

A: You can apply for court-approved publication service as a last resort.

Q2: How long does substituted service take?

A: Generally within a few days after the first attempt, depending on the person’s availability.

Q3: Can I serve someone through social media?

A: Only in rare cases with court approval. It’s not standard practice in California.

Q4: Is electronic service valid in all cases?

A: No, both parties must consent or a court order must allow it.

Q5: How much does skip tracing cost?

A: At On Top Legal, same-day skip tracing reports are affordable and tailored to your case type.

Q6: Do I need an attorney to request alternative service?

A: Not necessarily, but legal advice is recommended to ensure compliance.