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Ways to Serve a Claim:
- [A.] Service by Sheriff
- [B.] Hire a Registered Process Server
- [C.] Have a Friend or Family Member Over 18 Provide the Service
Proper Service Procedures:
- Serve claim at least 15 days before the court date.
- Follow process server rules on attempts; most try three times.
- Someone else can accept papers for party.
Serving Someone in California:
- Any person who is at least 18 years old and not involved in the case may serve papers.
- The server must fill out a Proof of Service form showing what they served to the other parties.
Can I Serve Documents Myself?
- Personal service means the documents must be personally handed to the other party.
How to Serve Legal Documents in California:
- Walk up to the person to be served and give them copies of all the court papers.
- If identifying someone for legal service, they cannot refuse to accept the documents.
Serving Someone Avoiding Service:
- Two options for evading service: hiring a private process server or using technology to track down the defendant.
Rules of Service in California:
- Fill out a proof of service form that details whom, when, where, and how the service was made.
- A person can be served by mail if located outside California.
Electronic Service in California:
- Electronically serving documents is mandatory if requested by the other party.
Serving Someone Who Is Avoiding Service:
- Use techniques like drop service or having someone else accept the papers if the defendant is avoiding service.
Cost of Service:
- Costs range from $75-80 for the first attempt within 72 hours and vary based on location.
Substitute Service:
- If the defendant cannot be found, substitute service can be made by handing papers to someone else.
Legal Ramifications of Improper Service:
- If not properly served and you do not appear, the court cannot enter judgment.
Involving Law Enforcement:
- Provide details to law enforcement if a person is avoiding service for free assistance in serving.
