Serving Process
California Process Servers
Serving process is the responsibility of process servers, sheriffs, or individuals over the age of 18 and not a party to the case. What is necessary is the service of process. What is necessary is the service of process of a legal notification. There are several ways in which serving of process can be performed to satisfy California courts.
Personal Service: Personal
service is the serving of notification of a pending court matter to the individual person to be
served legal document. This process is most favorable by California courts. There
are specific documents that are required by the State of California to be
personally served, such as subpoenas, order to show cause, and restraining
order to name a few. In any case; if possible reasons personal service cannot be
completed, the court must be informed. The court will render a decision how to
proceed after reviewing due diligence of attempts report.
Substitute Service: Substitute service is accepted in California courts in many cases although due diligence of personal attempt is required before attempting substitute service. Process servers are required to make three previous attempts at different times to complete service. Once diligence attempts are completed, process servers have followed California civil codes of Procedures and may proceed to attempt completion of substitute service.
Serving Process
California courts require a copy of court document be mail by first class mail to the address substitute service was completed. As a rule of good practice it is suggested process servers purchase a certificate of mailing receipt. A post office clerk stamp on the certificate of mailing receipt will serve as verification document was mailed.
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Clerk of Court Certified Mailing: Clerk of court Certified mailing of serving process is valid, except the percentage of successful completion of service is less than 50% in most surveys. This manner of service of process is less expensive when courts clerk send document certified mail. You may want to consider when selecting your manner of service of process; it is always in the best interest of your case values to choose a process server to provide your services. |
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Process servers: Process servers in the State of California can serve a document through certified mailing. When using certified mailing, you must accompany with a return receipt for verifying of mailing delivered. If this method of process is completed without complications, then the server must submit a proof of service by mailing form to be filed with the clerk of court. With this particular method of serving process you may ask yourself why a process server would be needed at all. Process servers are your legal insurance in matters of the service of process. They are experienced. California courts have made available several ways to complete the serving of documents, but the insurance of process servers cannot be compared with any another methods of serving papers.
Request waiver of service of Summons: Within jurisdictions where the courts permit (check your selective court rules) a process server can acknowledge pending court case with person to be served by means of formal contact. This can be done by telecommunication or writing a formal request to defendant, company or agent to accept service for defendant.
This notice is a request to waiver service of process of summon. It must be address properly, dated and contain a copy of the summons along with two copies of a waiver of service form. It must also contain prepaid postage for the return of the waiver form which should be filled out and sign by person to be served. When waiver form has been return to you, it is to be filed with the clerk of court. This voluntary acceptance of acknowledgement of notification relieves the obligation of serving process. California courts recognize this process as waiver of service. This method of process serving is practice more often on the federal courts level. The reason being in most instances you have pending court cases with rather a higher profile of value in question and both parties realize due process of law is inevitable. Federal courts acknowledge this practice and orders that parties comply with this procedure or show just cause.
Electronic Service of Process: Electronic service of process, the most selective manner of service of process. Federal, civil and family courts are recognizing serving process electronically is in fact a better, safer means to serve process notifications. Refer to rules authoring electronic service which in detail provide for viewing, amended civil rules, and what new provisions are authorize. Persons being served have to be notified and made aware of the court case pending and agree to accept service of process through electronic process. Service will be performed through email or facsimile.
Personal Service Timeframe before court date: Personal service of process must be completed 15 days before the scheduled court date. If served person resides outside the county of presiding court, 20 days before scheduled court date service of process is required
Substitute Service Timeframe before court date: Substitute service of process must be completed 25 days before scheduled court date. If served person reside outside the county of court, 30 days before scheduled court date service of process is required. For more information you can review serve your papers before deadline for service of process.
Agent for Service of Process: An agent for service of process is appointed by a business entity to accept service of process. This is usually a corporation or LLC. The State of California requires all corporations to hire for service an agent to accept service of process. This is highly considered a formal and professional manner for a corporation or LLC to accept service. Process servers realize serving process to agent for service of process is less difficult in respect to time factor. It is still requires to serve agent for service of process personally or follow previous discussion of attempts process. Once attempts are completed a process server can proceed to attempt completion of substitute service of process at the agent location of business. Process servers can apply the previous rules of service through certified mailing or voluntary acceptance of service. Serving of process has several benefits for process servers in reference to different methods of service which California courts honor.
California Process Servers JSA
10950 Arrow Route 661
Rancho Cucamonga CA 91729
www.jon-serveprocess.com
Direct: 909-472-9107
Fax: 909-453-3277
Jon Serve Associates
