We want to sue our home builder in small claims court. They are still selling new homes in the community. Can I serve papers to one of the r...

Question

We want to sue our home builder in small claims court. They are still selling new homes in the community. Can I serve papers to one of the realtors who works in the office or do I have to mail them to corporate offices?

Answer

Step One for a small-claims newbie is to get one or two of the paperback self-help law books on preparing and filing your case in California small-claims court. These books cover the all-important service-of-process step in detail. You could also look up California Code of Civil Procedure section 116.340, which gives the legal requirements but no beginner instructions. Your court probably has a small-claims advisor. Generally speaking, the proper party to serve (if the defendant is a corporation or LLC) is the "registered agent for service of process" and the identity and address of that individual can be found on the California Secretary of State's web site (look for "business entities). Service on a real estate agent or by a random mailing to a general corporate address is unlikely to be successful.