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What Is Process Serving and How Does It Work in California?
What Is Process Serving and How Does It Work in California?
What Is Service?
What Is Service?
The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The legal way to give formal notice is to have the other side “served” with a copy of the paperwork that you have filed with the court.
"Service of court papers" means that the other side must get copies of any paper you file with the court. In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side. The person who does this is called the “server” or “process server.”
Until the other side has been properly "served," the judge cannot make any permanent orders or judgments.
Why should I hire a professional Process Server?
Why should I hire a professional Process Server?
Service can be complicated and it is VERY important. If it is not done right, you will not be able to move forward with your case.
"Personal service" means that someone – NOT a party to the case – must personally deliver the court documents to the other side.
In “personal service”:
The server gives the papers to the party being served. It can be at the party’s home, work, or anywhere on the street.
The server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.
If the party being served does not want to take the papers, they can be left on the ground in front of him or her. If he or she takes the papers and tears them up or throws them away, service is still considered to be valid. The person being served does not have to sign anything.
The server then fills out a proof of service, detailing when, where, and how (in person) the papers were served. The server signs the proof of service and returns it to you to file in court.
Personal service is complete the day the papers are served.
“Personal service” is the most reliable type of service because the court knows for sure that the person being served got the papers and, if necessary, can question the process server about the “service.”
Since it is the most reliable, “personal service” is valid in all types of case. Also because it is so reliable, it is generally required when serving the first papers (the petition or complaint) in a case.
Who can serve my legal documents? What should I give to my Process Server?
Who can serve my legal documents? What should I give to my Process Server?
Process Servers
The “server” or “process server” can be:
A friend or relative;
A coworker;
A county sheriff or marshal;
A professional process server; or
Anyone over 18 who is NOT part of the case.
In all cases, the “server” or “process server” MUST:
Be 18 years old or older;
Not be a party to the case;
Serve the paperwork on the other side in the time required;
Fill out a proof of service form that tells the court whom they served, when, where, and how; and
Return the proof of service to you so you can file it with the court.
Remember, it is very important that you, if you are the plaintiff/petitioner or defendant/respondent, do NOT serve your own papers.
Note: When you hire a process server, provide them with a photo of the person they have to serve (if possible) and a list of times and places where it will be easy to find that person. Look for a process server who is close to where the other side lives or works. Fees are often based on how far the server has to travel.
Where can I get more information about California Process Service requirements?
Where can I get more information about California Process Service requirements?
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