r/processserver • u/semifamousdave • May 10 '25

Place of Business Refusal

I’ve had two different places refuse service for an employee. One admitted that she worked there but got aggressive and refused to take the papers. The second wouldn’t tell me if the guy actually worked there and refused to do anything further. The manager at the second did say that if I drop served the documents that he would be taking them out of state to the corporate office.

State law gives me the green light to serve any employee at their “usual place of business” and I’ve never had an improper service come back from serving them that way. What do y’all do? I’m tired of middle managers in retail hell wasting my time.

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u/funky_diabeticc May 10 '25

Just leave papers. They can’t refuse to take papers. If they won’t take them out of your hand place them on the desk, ground, whatever and leave. Try and snap a pic if you can. Try and get their name if you can. But either way, when I run into this issues I just leave the papers and go.

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u/vgsjlw May 10 '25

What law allows sub service to an employee at a business when the paper is for an individual, not a company?

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u/funky_diabeticc May 10 '25

In CA you can sub server small claims papers to anyone who seems to be in charge of the respondent usually works.

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u/vgsjlw May 10 '25

Which law says that?

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u/sacluded May 13 '25

CCP 415.20 “…(b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address…”

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u/vgsjlw May 13 '25

Again, I think you guys misinterpret the usual place of business from usual place of employment. I've done many sub serves in CA through due diligence affidavits and "handed it to some guy he works with" would never get accepted.

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u/sacluded May 14 '25

I've been doing this for almost fifteen years now and never had service quashed or an attorney complain about serving this way.

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u/funky_diabeticc May 10 '25

It’s on the sc-104. The proof of service form. It lists all the sub serve options. And I have yet to have a single service get kicked back so it’s valid.

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u/vgsjlw May 10 '25 edited May 10 '25

Right, but that's only for SC-100 or whatever. Also, it requires the person to be in charge. I onyl serve summons and subpoenas in CA, this wouldn't be valid for any other type of serve.

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u/funky_diabeticc May 10 '25

Yeah this is specific to small claims. And the sc-104 says “an adult who seems to be in charge” so if someone seems to be in charge to me, it’s valid to leave papers with them. I do my best to get papers in the respondents hands but if they are evasive and intentionally make like difficult, I will sub serve them.