Tuesday, July 12, 2011

A defendant that uses a commercial mail receiving agency may believe that they are making it difficult to serve them with legal documents. By not being there to accept the documents from the process server, many defendants think that they are shielded from being served.

In the case of Ellard v. Conway (2001) 94 Cal.App.4th 540, 545-547, 114 Cal.Rptr.2d 399, 402-403, substitute service at a private/commercial post office box is proper, if that commercial post office box is their "usual mailing address."

A defendant cannot use the services of these commercial post office boxes to attempt to evade service of process. In California, substitute service can be made on the CMRA commercial mail receiving agency on an employee 18 years or older with a 2nd copy of the legal papers being mailed to the defendant in the U.S. Mail. Check with your state for local rules and laws on substitute service or contact Rapid Legal for details.

A Commercial Mail Receiving Agency (CMRA) is a private company that acts as an agent for receiving and delivering the recipient's mail

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