The service of process in the state of California is a requirement of the justice system and must be perform correctly. The plaintiff must give the respondent notification that a case is pending concerning certain matters.
When service is performed correctly insures parties involve have been notified. It is important services are perform correctly with your case. This will also guarantee the proof of service will not be rejected or resend.
The way to insure your documents are delivered properly is the hiring of an experienced license process server. California requires all process servers to be license and bonded.
This requirement in almost all cases gives individuals seeking to have documents served a sense of relief knowing that their case paperwork is being handled in a professional manner.
Review service of process providing much informative information concerning civil codes of procedures with step by step instructions.
For visitors who may be searching for help concerning preparation of your documents you can take advantage of Turbo Court
TYPE OF SERVICE REQUIRED
There are several ways court papers can be served. The best and most respected method is called personal service. This is when the papers being served are handed personally to the individuals being notified.
Sub-service is accepted in certain cases whereby after due diligence of attempts a server may leave court papers with anyone over the age of 18 and not a party to the case concerns residing at the same residence or place of business.
POSTING NOTICE ON PROPERTY
In some instances court papers can be left or posted on location of property. Posting notice for certain cases is consider proper notification to the summoned party involved.
Evictions for default of rental agreement and or foreclosure of a property are two instances where this rule will apply. Due diligence in some cases are required before posting is considered valid.
SERVICE BY PUBLICATION
When serving process you can create several attempts unsuccessful in completing the service of legal documents. This is the time to move forward with due process. Process servers produce detail reports of due diligence to be presented to the court for review.
Reasons for unsuccessful service of process may vary. When information contain in a report clearly demonstrate intentional evasive negligence on the part of party being search to present service upon, a judge or commissioner can order service to be performed by publication. This process is practice and highly favored in matters concerning disillusion of marriage and divorce.
AFTER SERVING COURT PAPERS
Once service has been completed an affidavit or proof of service is required for the purpose of confirmation of service. The completed form has to be filed with the court the original case was filed. This affidavit will support what is considered by the courts as a completed service of process.
It is important that the affidavit be filed in a timely manner according to each court requirement. This is extremely important to protect your case interest. These types of errors can cause a case to be rejected or resend.
Often time documents and other binding agreements that have been served through due process will require the use of a notary public. This requirement often will be necessary when performing service of process of documents filed in a different state outside where service is being performed.
Often times you will receive documents to be served with an attach request for affidavit to be notarized. You may review American Society of Notaries which covers in detail local and states rules and regulations.
There are different requirements with notaries depending on the type of document being notarized. In most all cases it is required for the signer of the document or forms to be present before the notary agent and to provide proper identification.
For all of your service of process needs, consider Jon Serve Associates Process Servers as your select service team of choice.
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