California Rules for Process Servers
- California has specific laws regarding service of process.gavel image by Cora Reed from Fotolia.com
Whenever a law suit is filed in the state of California, the process that ensures the defendant (the person being sued) is made aware of the claim is known as service of process. Sometimes, process is served by the use of process servers, people or companies that specialize in locating the defendant and delivering legal documents. California has specific laws on how service of process can be affected and the rules that must be followed by any process server in the state. - California law allows for process to be served on people within the state, outside the state but within the country, and outside the state but out of the country. In general, service in the state or the country can be affected by personal service or service through the mail, while service outside the country must comply with the laws of the nation in which the respondent is located.
- California requires that anyone serving more than 10 summons a year register as a process server in the county (or counties) in which they serve. Applicants must be a resident of the state for at least one year before filing their application. Applicants do not need to be tested or receive any formal education, but must post a $2,000 bond or cash deposit. A licensed private investigator does not have to register, but may face restrictions in the service of bank levies and other similar instruments.
- California allows for personal service of process, meaning that any summons can be executed by an individual personally delivering them to the party. California requires that anyone performing in-person service must be at least 18 years old and can not be a party to the action. Service is considered complete on the date in which the documents were served. That date must generally be indicated on the documents, but service is still considered effective even if this does not happen.
- Service can also be affected by leaving the summons at the party's office during regular business hours. If this is the method used, the summons must also be mailed through first-class mail to the address of the party where the summons was delivered. Summons delivered through this method are considered complete 10 days after the mailed summons were sent, not received.
- If a summons can not be completed in person or by delivery to the person's office or place of work, the process server may deliver the summons to the respondent's home address, place of abode, or mailing address if it is not a United States Postal Service post office box. If the respondent is not present, the process server can leave the summons with a responsible person at the address as long as they are over the age of 18.
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