§1.07 Summons

As with a regular civil action, when a UD complaint is filed, a summons must be issued. But the defendant in a UD case has only 5 days, rather than 30, to respond to the complaint after service of the summons. [See CCP §§412.20, 1166(d), 1167, 1167.3.] When substitute service is used, the defendant has 15 days after mailing of the copies of the summons and complaint to file a responsive pleading. [CCP §415.20.] The summons must be served and returned in the same manner as a summons in a regular civil action. [CCP §§1167, 413.10 et seq.]
           
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Service of a summons by posting can occur only after you are satisfied that the defendant cannot be served by any other method using reasonable diligence. [See CCP §415.45(a).] If you do order service by posting, the plaintiff must file two affidavits of service: one from the person who posted the summons on the property, showing when and where it was posted, and another showing when and where copies of the summons and complaint were mailed to the defendant. [CCP §417.10.]

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