BAY AREA Counties COVERED:

     Alameda County, Contra Costa County, San Mateo County,

San Francisco County and Santa Clara County

(Other areas covered under special circumstances)

About Process Serving:

• What is legal Service of Process?
• What does a Process Server do?
• Do I need a Process Server?

What is legal Service of Process?
Service of Process is when legal documents like, summons, complaints, subpoenas, order to show cause, writs and other court documents are delivered to the individual to whom the legal document is directed. There are number of ways in which this can be achieved.

What does a Process Server do?
A legal process server delivers (or serves) legal documents like, writs, summons, subpoenas, complaints and other court documents to a defendant or an individual involved in a court case. The process server must serve the documents in accordance with the legislation in the area of service. This may mean handing the documents to the defendant personally or sub-serving to someone in the same household or business. Once the documents are delivered, the process serving agent must provide proof that the papers were served. This is done through a document call an Affidavit of Service, also called a Proof of Service, which must be notarized and given to the party who requested service.

Do I need a Process Server?
Hiring a Legal Process Server is an important step in proceeding with a court case. In some states someone who performs service of process is required by law to be licensed, so if you are in one of these states, the answer is simply, yes.

Even if a process server does not need to be licensed in the state where you need service, you should keep in mind that a process server is someone who is experienced in serving legal documents efficiently. More importantly, professional process servers are knowledgeable of the legislation surrounding service of process in their state or county. There are several requirements and constraints associated with serving legal documents that vary from state to state, or county to county. If the service is not performed in accordance with the law, this can hinder your case from going forward, or result in the dismissal of your case. Improper service also delays obtainment of evidence, which can cause injunctions, an increase in court fees and additional attorney fees.

State Law Regulating Process Servers:

CALIFORNIA
Persons who serve more than 10 papers a year are required to be registered in the county in which they operate. Registration is valid statewide. Applicants must be a resident for one year immediately preceding filing.  Each applicant is required to post a $2,000 bond or cash deposit.  No testing or education required.  Licensed Private Investigators, although exempt from the registration requirement, would probably not be empowered to serve bank levies and similar documents without being registered in view of the statutory language requiring that a registered process server serve those documents.
[California Business and Professions Code §22350 and §22353]
 

Federal Law Regulating Interference with Process Service:

The Federal Law on this subject is covered in Title 18 U.S.C. § 1501, which provides in relevant part:

Assault on Process Server :
Whoever knowingly and willingly obstructs, resists or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States...shall, except as otherwise provided by law, be fined not more than $300 or imprisoned not more than one year, or both.

States With Laws Prohibiting Holiday Service

State Laws Prohibiting Service of Process on Sundays/Holidays

All state court papers should be served in accordance with the law of the state having original jurisdiction (where the complaint is filed).

Several states do not permit documents to be served on Sundays or Holidays, but some of these states will permit service under special circumstances pursuant to Court Order.

If you live in a state where Sunday service is not permitted, it is your obligation to include this information in your instruction sheet when forwarding work to out-of-state members. See the Rules of Procedure section at the beginning of each state’s listing for a more detailed explanation of the statutes cited here.

Last Update:  Saturday, October 20, 2007 04:54 AM

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