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Hom e Resources Process Serving Law California

Disclaimer: Law s regarding process serving can change. Therefore, w e cannot guarantee the accuracy of the information on this page. Please consult legal counsel in your state. Does a process server have to be licensed in California? You can get California Process Servers License. If you dont have your license, you must be registered and bonded. Read more below . California Process Server Licensing Requirements If an individual serves more than 10 papers a year they are required to be registered in the county they serve in. Registration is statew ide and applicants must be a resident of the State of California for one year immediately preceding filing. There is no testing, or education required. Every applicant is required to post a $2,000 bond or cash deposit. Licensed private investigators are exempt from the registration requirement, but are likely not permitted to serve bank levies and similar documents w ithout being registered per the statutory language requiring that a registered process server serve those documents. [California Business and Professions Code 22350 and 22353] California Service of Process Laws to Note A summons may be served by any person w ho is at least 18 years of age and not a party to the action. The Federal Law on this subject is covered in Title 18 U.S.C. 1501, w hich provides in relevant part: Assault on Process Server W hoever know ingly and w illingly 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 w rit or process of any court of the United Statesshall, except as otherw ise provided by law , be fined not more than $300 or imprisoned not more than one year, or both. California Rules of Civil Procedure Please note that lobbyists are active in California and law s concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the California Judiciary and Courts w eb site. 413.10 Except as otherw ise provided by statute, a summons shall be served on a person: 1. W ithin this state, as provided in this chapter. 2. Outside this state but w ithin the United States, as provided in this chapter or as prescribed by the law of the place w here the person is served. 3. Outside the United States, as provided in this chapter or as directed by the court in w hich the action is pending, or, if the court before or after service finds that the service is reasonably calculated to give actual notice, as prescribed by the law of the place w here the person is served or as directed by the foreign authority in response to a letter rogatory. These rules are subject to the provisions of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention). (Amended by Stats. 1984, Ch. 191, Sec. 1.) 413.20 If a summons is served by mail pursuant to this chapter, the provisions of Section 1013 that extend the time for exercising a right or doing an act shall not extend any time specified in this title. (Added by Stats. 1969, Ch. 1610.) 413.30 W here no provision is made in this chapter or other law for the service of summons, the court in w hich the action is pending may direct that summons be served in a manner w hich is reasonably calculated to give actual notice to the party to be served and that proof of such service be made as prescribed by the court. (Added by Stats. 1969, Ch. 1610.) 413.40 Any service of summons w hich complies w ith the provisions of this chapter shall not be rendered invalid or ineffective because it w as made by a person in violation of Chapter 16 (commencing w ith Section 22350 Bus. & Prof.) of Division 8 of the Business and Professions Code. (Added by Stats. 1971, Ch. 1661.) 414.10 A summons may be served by any person w ho is at least 18 years of age and not a party to

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the action. (Added by Stats. 1969, Ch. 1610.) 415.10 A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon w hich personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. How ever, service of a summons w ithout such date shall be valid and effective. (Amended by Stats. 1976, Ch. 789.) 415.20 1. In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office w ith the person w ho is apparently in charge thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place w here a copy of the summons and of the complaint w ere left. Service of a summons in this manner is deemed complete on the 10th day after such mailing. 2. If a copy of the summons and of the complaint cannot w ith reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such persons dw elling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, w ho shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place w here a copy of the summons and of the complaint w ere left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. 15.) You should contact an California Process Server if you have specific questions about Process Serving in California.

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