§2.13 Review || Small Claims Court: Procedures and Practices

Lesson 2.
Filing and Service

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1. If a party that operates under a fictitious name files in small claims court, it must:

	Publish the claim in a newspaper of general circulation
	File a declaration that it is operating under a fictitious name
	Have the fictitious name inserted in the notice of hearing
	Explain in the claim the meaning of the fictitious name

2. Substituted service requires a prior attempt at personal service.

3. Service must be completed at least 15 days before the hearing if the defendant is in the county where the claim is filed.

4. Service of process may be made outside California when:

	The defendant has fled the jurisdiction to avoid service
	The defendant is an out-of-state owner or operator of a motor vehicle who is being sued for a motor vehicle accident in California
	The defendant resides out of state, is a record owner of California real property, and has no agent for service of process and the claim arises out of the property
	b and c
	a and b

5. Service of process is deemed complete:

	On the date that the defendant signs the mail return receipt
	On the date of the personal service
	On the 10th day after mailing, for substituted service
	As established by other competent evidence
	All of the above

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