How do I serve papers to someone outside the US with no known address?

Full question:

I filed a full custody of my daughter, we lived in California. The father is from Germany and he left the country in 2008 and never returned, call and send child support. The last time I got hold of him was a year ago he was still in Taiwan at that time, he called me because I was able to contact his mom. I told him that I am sending him papers serving him for full custody. I told him that I am going to send the papers at my friends house and gave him the full information. WHen the documents arrived, we waited for a month but he didn't show up. I tried to file for default since he didn't respond back and seems not to care. Right now, I don't have any idea where he is at. His mother changed thier number in Germany so, I don't know where to get hold of him. The office told me I have to serve him again wherever he is. But I dont know where he is right now and I don't know what to do. Is there any way I can have this process going without starting from the scratch?Without serving him again? HIs case was abandonment. Can you advice please whats the best thing to do? My email address is ncayanan@gmail.comThanksNieka

• Category: Civil Actions
• Subcategory: Service
• Date: 04/07/2025
• State: California

Answer:

California Rule of Civil Procedure § 413.10 provides the method of service on an individual who is outside the United States.

Specifically, the section states:

Except as otherwise provided by statute, a summons shall be served on a person:
1.Within this state, as provided in this chapter.
2.Outside this state but within the United States, as provided in this chapter or as prescribed by the law of the place where the person is served.
3.Outside the United States, as provided in this chapter or as directed by the court in which the action is pending, or, if the court before or after service finds that the service is reasonably calculated to give actual notice, as prescribed by the law of the place where the person is served or as directed by the foreign authority in response to a letter rogatory. These rules are subject to the provisions of the Convention on the “Service Abroad of Judicial and Extrajudicial Documents” in Civil or Commercial Matters (Hague Service Convention). (Amended by Stats. 1984, Ch. 191, Sec. 1.)

It may be possible to accomplish service by publication.

CAL. CCP. CODE § 415.50 : California Code - Section 415.50

(a)A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either:

(1)A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action.

(2)The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property.

(b)The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served. If the party to be served resides or is located out of this state, the court may also order the summons to be published in a named newspaper outside this state that is most likely to give actual notice to that party. The order shall direct that a copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons. Except as otherwise provided by statute, the publication shall be made as provided by Section 6064 of the Government Code unless the court, in its discretion, orders publication for a longer period.

(c)Service of a summons in this manner is deemed complete as provided in Section 6064 of the Government Code.

(d)Notwithstanding an order for publication of the summons, a summons may be served in another manner authorized by this chapter, in which event the service shall supersede any published summons.

(e)As a condition of establishing that the party to be served cannot with reasonable diligence be served in another manner specified in this article, the court may not require that a search be conducted of public databases where access by a registered process server to residential addresses is prohibited by law or by published policy of the agency providing the database, including, but not limited to, voter registration rolls and records of the Department of Motor Vehicles.