Legal Service Process in California
No restriction exists on how many times a process server can visit you or come to your home to serve you legal documents or summons. Once the papers have not been delivered and you have not confirmed receipt of the documents that you have been served with, you are considered to have waived your right to be served again. When someone is evading service, you have two options. The first option is to hire a private process server, who delivers Complaints to Defendants and performs document retrievals on a litigant’s behalf. If the process server fails to serve the documents after all attempts are made, the applicant can go to the court and ask permission to deliver the documents by a substitute or alternative service method.
Serving Procedures and Hours
- Process servers make up to three attempts (morning, afternoon, & evening).
- A process server can technically come to your home 24 hours a day.
- Laws vary by state, but a process server can typically come to your home to deliver papers at any time.
- This article can be used as a complete guide for understanding what the legal serving hours are according to California law, and why they should be strictly followed to ensure successful proof of service.
Process Serving Rules and Practices
- Process servers serve legal papers from 6 am-10:30 pm with special circumstances allowing service outside of these times.
- Good process servers follow their state’s statutes when serving documents, such as in California where papers cannot be served after 8 pm.
- They use databases, internet searches, interviews, and more to locate individuals and businesses.
Becoming a Process Server in Orange County
Complete a registration form, get fingerprinted, obtain a bond, and register with the county.
Legal Paper Service in California
- California requires three or four attempts at different times and days.
- No, a person cannot refuse to accept service in California. If we can identify the person, we can serve them even if they refuse to physically “accept” the documents.
Responsibilities and Limitations
- Process servers charge around $80 to serve documents in metropolitan areas.
- They serve a range of paperwork to formally notify recipients.
- Going through mail, lying about identity, trespassing, or breaking in is prohibited.
- If evasive, papers can be left with another adult household member.
- Although hired, process servers must follow guidelines and not deviate when serving papers.
Alternate Service Methods
- The court may allow service by public notice if traditional service methods fail.
- Papers can be left with any person in the house over 18 if defendant is absent.