I had someone serve for me a summons and complaint (civil) on the defendants via mail per CCP 415.30. The person who served the papers inclu...

Question

I had someone serve for me a summons and complaint (civil) on the defendants via mail per CCP 415.30. The person who served the papers included the Notice of Receipt, 2 copies, with a self addressed stamped envelope as required. I have knowledge that the defendants received the papers but refused to send in the notices of receipt. I waited for these notices to come back until after the 60 day period to serve the complaint had expired. Do I now have to withdraw and re-file the case in order to try to serve by other means, or can I still serve this one?? Thanks

Answer

The only penalty for not serving the complaint in 60 days is that you may be called into court to explain why you haven't gotten it done, and theoretically (though this never happens the first time around) you could be sanctioned (ordered to pay a fine). Your case, summons, complaint, etc. are still perfectly valid. You just now have to hire a process server to find and personally serve the defendant. Since they refused to return the Notice and Acknowledgement of Receipt, however, the defendant will now have to pay for the cost of service, even if they win the case in the end.

Answer

No, you don't dismiss. You now have the same documents served on them via personal service.