Why You Should Use a Registered California Process Server

California law requires that a person serving a summons be over the age of eighteen and not a party to the action. If a person serves more than 10 serves during a calendar year, for compensation or in expectation of compensation, then he or she must register as a process server. Some classes of people can be exempted from registration but there are certain documents that can only be served by a registered process server, Sheriff or other governmental employee who is acting in the course of his or her employment. Using a friend or relative to serve legal documents can also lead to improper service if certain rules or timeframes are not adhered to especially when serving the Plaintiff’s Claim and Order to go to small claims Court.

A REGISTERED CALIFORNIA PROCESS SERVER is given special status in some areas of the law including that they must be provided access to a gated community when performing a service and their proof of service has rebuttable presumption status. A registered process server has a duty to properly serve legal documents and to execute a truthful declaration or proof of service under penalty of perjury.

Due to budget cuts multiple California County Sheriff offices no longer serve legal process except for certain mandated process, such as writs. Most county sheriff offices usually make only limited service attempts and some will not use valid substitute service unless you inform them ahead of time that substitute service is okay. California allows for substitute service on the Plaintiff’s Claim and order to go to Small Claims Court but certain rules and timelines must be adhered to for service to be effective. Unfortunately the court may not notify the plaintiff until the day of the hearing that the service may be invalid due to improper service.

A registered process server can use more latitude when attempting service at more effective times for example early morning and late evening when most individuals may be at home. Most county sheriff offices only attempt service during normal business hours usually between 8:00 a.m. and 7:00 p.m. Also most process servers will alter service attempts when no answer is received at the door and will try service at different times for more effective service.

A registered process server can also be utilized to stakeout or wait for the possible arrival or departure of a hard to serve individual. Some individuals will not open their doors for anyone and they can be extremely difficult to serve. Stakeouts can be highly effective in serving these types of individuals or businesses.

Registered process servers can also be effective in obtaining new address information if a defendant has moved by utilizing skip trace techniques and other sources. A registered process server can obtain a street address from a box holder of a PO Box at the US Postal Service or a change of address if the information is for the service of process. A registered process server who is also a licensed Private Investigator can have even more database information available to them when attempting to locate an individual or business.

In summary there are many benefits when using a registered process server to serve legal documents and choosing one can be as easy as a simple internet search or the local yellow pages. Most professional process servers charge a higher fee than a Sheriff or a friend but the benefits can outweigh the extra fee for service. Choosing a registered process server can be the key to having your day in court.