Interview with the Orange County Register

HOW TO TREAT A PROCESS SERVER

Licensed & Insured

The California Business & Professions Code mandates that a California Private Investigator must be licensed with the Bureau of of Security and Investigative Services. Furthermore most licensed Private Investigators carry a minimum errors and omissions insurance policy, although nowhere in the PI Act does it state that licensees be insured or bonded, unless protecting persons or carrying a firearm.  We are licensed and insured, as well as bonded for process serving.

Serving Evasive Defendants

We specialize in serving evasive or hard to serve defendants, deponents, witnesses, and others. Our team of professional registered process servers are experienced with serving difficult or evasive defendants.

Restraining Orders, Order to Show Causes, Personal Appearance Subpoenas, Criminal Subpoenas, Unlawful Detainers and Family Law documents are only some of the documents that can be extremely hard to serve especially if the defendant or respondent has been served before.

Please contact us at 877-779-6847 to find out more or print out our information and process service request form from the forms tab.

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.

Services We Provide

Small Claims Process Serving

Plaintiff’s Claim and Order to go to Small Claims Court

We provide timely professional service of all Small Claims documents including the Plaintiff’s Claim and Order to go to Small Claims Court. This is the order issued by the small claims court clerk which must be served on the defendant within specific time frames before the pre-scheduled court date. Nothing is more frustrating than appearing for your scheduled court date only to find out that your hearing has been cancelled or rescheduled because of improper service. Our team of professional registered process servers is dedicated to performing service of all documents within the rules required for small claims court.

Substitute service can be performed on the plaintiff’s Claim and Order to go to Small Claims Court but must be completed within the preset timeframes and under all rules associated with substitute service in California. Substitute service can be defined as leaving the documents with another person of age where a person lives, works or their usual mailing address. Most defendants do not want to be served and some will avoid direct contact with anyone they do not know. Substitute service can be very effective in these situations where service of your small claims documents must be completed in a timely matter.

Corporation service is another method of service that we provide. Whether you are serving a corporation directly or through the registered Agent for Service our team of professional registered process servers can provide timely service of all Small Claims documents on the corporation. Although small claims service can be performed by registered mail through the court some companies will not accept registered mail as a standard practice. Using a professional registered process server can insure that your documents are served properly and your hearing date will be on schedule.

Proof of Service is required by the small Claims Court and must be filed with the court within specific timeframes. We provide a Proof of Service that is recognized and accepted by all California Small Claims Courts. Registered process servers have a rebuttable presumption status on their Proof of Service under California law.

Customer Comments

Read what our customers have to say about our services.

Mother held in plot to kidnap son from foster parents

NEWPORT BEACH – The estranged mother of a 7-year-old boy was arrested Friday in connection with a plot to kidnap the boy from his foster parents and smuggle him to Mexico so they could be reunited, authorities said.

Niveen Ismail, 43, of Newport Beach is jailed in lieu of $500,000 bail on suspicion of solicitation of kidnapping a child under the age of 14. Her son and his foster parents were placed into protective custody as soon as police heard about the kidnapping plot, said Sgt. Evan Sailor of the Newport Beach Police Department.

According to Newport Beach police, Ismail had been in touch with a private investigator and offered to pay him to kidnap her biological son from his foster parents. The couple is in the process of adopting the boy, Sailor said.

The plan was, according to police, that the private investigator would take the boy to Tijuana, where he would rendezvous with the mother. The mother would then pay off the investigator in exchange for the boy, Sailor said.

The investigator contacted police, and detectives set up a sting to catch the woman in the act.

An undercover police detective met with Ismail in Newport Beach on Friday afternoon to talk about the kidnapping plot and money. Ismail agreed to the deal and was arrested, Sailor said.

Investigators believe Ismail may have shopped her plan around to other people before finding the private investigator.

Police are asking anyone who was contacted by Ismail or is aware of anyone being solicited to contact Newport Beach police detective Penny Freeman at 949-644-3776 or the Newport Beach Police Department’s hotline at 800-550-NBPD.

Information may be left anonymously.

http://www.ocregister.com/news/police-222611-beach-newport.html

Definition of a California Private Investigator

In regards to the State of California a private investigator’s license is required for anyone conducting private investigations within the state. The following is the definition of a “Private Investigator” according to the California Business and Professions Code:

7521. A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the

Insurance Code, who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in

business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining, information with reference to:

(a) Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America.

(b) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations,

transactions, acts, reputation, or character of any person.

(c) The location, disposition, or recovery of lost or stolen property.

(d) The cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property.

(e) Securing evidence to be used before any court, board, officer, or investigating committee.

For the purposes of this section, a private investigator is any person, firm, company, association, partnership, or corporation acting for the purpose of investigating, obtaining, and reporting to

any employer, its agent, supervisor, or manager, information concerning the employer’s employees involving questions of integrity, honesty, breach of rules, or other standards of performance of job

duties.

Next Page »