Cal. Civ. Code § 32-30-8-8
Service upon defendant
Operative Text
Sec. 8. (a) If the defendant has not been personally served with process despite the exercise of due diligence, the person initiating an action under this chapter, not more than twenty (20) days after the filing of a complaint and the filing of an affidavit that personal service on the defendant cannot be had after due diligence, may cause a copy of the complaint to be mailed to the defendant by certified mail, restricted delivery, return receipt to the clerk of court requested. Service is considered completed when the following are filed with the court: (1) Proof of the mailing. (2) An affidavit that a copy of the complaint has been posted on the property alleged to be a nuisance. (b) This subsection does not apply to transient guests of a hotel, motel, or other guest house. All tenants or residents of a property that is used in whole or in part as a business, home, residence, or dwelling who may be affected by an order issued under this chapter must be: (1) provided reasonable notice as ordered by the court having jurisdiction over the nuisance action; and (2) afforded an opportunity to be heard at all proceedings in the action. (c) Notice of lis pendens shall be filed concurrently with the initiation of an action under this chapter.
Indiana Code § 32-30-8-8 establishes the procedures for notifying a defendant in a nuisance action when personal service cannot be achieved despite genuine effort. When that happens, the party bringing the action may serve the defendant by certified mail and by posting a copy of the complaint on the property, with proof of both steps filed with the court to complete service. The law also requires that tenants or residents of the affected property receive reasonable court-ordered notice and a chance to be heard, and that a notice of lis pendens be filed at the start of the action.
Plain English — not legal advice.
Under Ind. Code § 32-30-8-8, property owners who are defendants in a nuisance action and cannot be reached through personal service may still be legally served through certified mail and property posting, so maintaining a current mailing address on file with relevant authorities helps ensure timely notice. Operators of properties used as residences or businesses should be aware that all tenants or residents affected by a nuisance action are entitled to court-ordered notice and a hearing opportunity. The concurrent filing of a notice of lis pendens at the action's outset also creates a public record that can affect property transactions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-30-8-8 provides important protections for tenants and residents of a property that is the subject of a nuisance action: they are entitled to reasonable notice as ordered by the court and must be given an opportunity to participate in all proceedings. This right applies to those living in or using the property as a home, residence, or dwelling, though it does not extend to transient hotel or motel guests. Tenants who believe they have not received proper notice under this provision may wish to consult a tenant-rights organization or legal aid service to understand how to raise that concern before the court.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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