California Service of Process Rules

California Service of Process Rules are strict guidelines under the California Code of Civil Procedure that must be followed during the service of subpoenas, writs, summons, and complaints. A common example of these rules is that a process server in California must be at least 18 years old and not a party to the case under consideration. Court papers served without adhering to these rules will be invalidated based on improper service.

Improper service is so serious that it may give the defendant sufficient grounds to file a motion for the vacation of any default judgment or the outright dismissal of the case, as occurred in Capital Insurance Co. v. Hoehn (2024). That’s why you should work with a professional process server who understands and strictly adheres to the California service of process rules. 

At On-Call Legal Process Servers, our years of experience and in-depth knowledge of California’s service of process rules make us the most reliable choice for all your legal document needs. Contact us today for a trusted and fully compliant process service.

This article will guide you through the California process server rules, the legal responsibilities of process servers, and how to successfully locate recipients for service of process.

Most Important California Service of Process Rules

California Service of Process Rules outline the essential legal requirements for delivering court documents to individuals. Understanding these rules is critical for ensuring proper service or process:

Complaints and Summons in Civil Cases

Service of a summons or complaints must be done within 60 days of filing the lawsuit for civil cases. If the plaintiff fails to serve the legal documents within a reasonable period and cannot provide a valid reason for the delay, the court may dismiss the case.

However, in small claims cases, the service timeline depends on the defendant’s location. If the defendant lives in the same county as the plaintiff, they must be served at least 15 days before the court date. If the defendant lives outside the county, they must be served at least 20 days before the court date.

Evictions Or Unlawful Detainers

Unlawful detainer cases have stricter timelines due to their expedited nature. For these cases, the complaint and summons must be served within 5 days of filing the lawsuit to proceed quickly with the eviction process.

Family Law Cases

In family law cases, like divorce and child custody proceedings, the summons and petition must be served within 60 days of filing the case. This regulation facilitates timely communication between the parties involved. It also maintains a trusting environment for solving family issues.

Motions and Other Court Documents

Subsequent documents like motions and discovery requests need to be served within a reasonable time before the hearing or trial. If a motion is served by personal delivery, it must be served at least 16 court days before the hearing.

Serving Before a Trial or Hearing

Before a trial or hearing, the other party must be given enough time to respond to all necessary documents. This means providing sufficient notice for proper preparation, usually 30 days or more.

Can Someone Else Accept Served Papers in California?

Through substitute service, someone else can accept the papers served on behalf of the intended person. Such service is valuable when the registered process server cannot personally deliver the documents to the defendant or recipient.

Firstly, the server must try to serve the papers to the defendant personally. If the defendant refuses to accept the documents or cannot be found at his or her address of work or residence, substituted service can then be used to deliver the papers to a family member, co-worker, or roommate.

But it doesn’t end there. After leaving the documents with the competent member of his or her household or workplace, the process server must also mail a copy to the defendant at their official home address. 

This mail service ensures that the defendant receives the papers even if the person they were left with fails to deliver them. The process server must complete a Proof of Service form with the details of attempts at personal service and the substitute service and submit it to the issuing party.

This form is then filed with the court to demonstrate that all steps have been followed according to the legal requirements in a reasonable period. Substituted service is essential to the legal process because it guarantees that defendants cannot avoid legal proceedings simply by being unavailable.

How Many Attempts Will a Process Server Make in California?

There is no official limit on the number of attempts a process server can make in California before they would conclude that a person is difficult to reach or intentionally evading service. However, the average number across different states is 3 – 5 attempts. 

After multiple attempts to serve you personally, at different times, and on different days, they may resort to substitute service, certified mail, or service by publication. But this alternate process must be approved by the court. It is important to note that process servers are prohibited from breaking into your home or trespassing on your property to deliver legal papers.

What Happens if Someone Refuses to be Served in California?

If someone isn’t cooperative and refuses to be served with court documents in California, the process server can try different methods. They can leave the documents with an adult at the person’s home or send them by certified mail to their usual mailing address. If these attempts also fail, the court may order the process server to publish a notice about the lawsuit in a newspaper. 

Publication can be a final resort—it can be used when other methods haven’t worked. It’s important to note that refusing service doesn’t stop the legal process. The court will still consider the case, even if the person didn’t personally receive the documents.

How Long Does a Process Server Have to Serve a Legal Document?

Process serving deadlines aren’t fixed and can vary depending on the specific case and court rules. While there’s no strict deadline, process servers are expected to serve documents within a reasonable time to ensure the case progresses efficiently.

In some cases, the court sets specific deadlines for service, and failure to meet these deadlines can lead to legal consequences or dismissal of the case. Professional process servers must file a due diligence declaration with the court if they encounter difficulties serving the documents. This process filing describes their attempts and the reasons for any delays.

Who Is a Process Server?

A process server is an active participant in the judicial system who is responsible for delivering legal documents to a party involved in a civil procedure to ensure they are aware of the legal actions against them. Their process-serving services bridge the gap between the legal process and the involved parties. 

They efficiently prevent delays, fines, and conflicts through their timely professional services. Additionally, their prompt services inform concerned parties about their legal obligations, expected legal action, and the potential opportunity to respond.

Different Types of Service of Process

Service of process is the formal legal procedure to serve court documents to the opposing party. This service makes parties aware of legal actions against them and provides the opportunity to respond accordingly. The specific service methods can vary depending on the jurisdiction and the type of case. However, some of the most common legally valid methods are here below:

1. Personal Service

Personal service is the most traditional and preferred method, which involves the direct delivery of legal documents to the defendant. This is the most trusted method to confirm that the defendant receives the documents personally and knows the legal proceedings. Process servers also prefer this method and use all means to deliver documents to the recipient.

2. Substituted Service

Substituted service is often used when personal service isn’t feasible, or the recipient is problematic. In this case, process servers leave the documents with a person of suitable age and discretion at his or her office or residence. However, they should ensure that the person receiving the documents can understand the significance of the legal papers.

3. Certified Mail Service

Service by certified mail is useful for people or entities who want to avoid the service. In this case, the documents are sent to the defendant’s last known address via certified mail with a return receipt requested. This will mandate that the person acknowledging receipt append their signature on the form. It can serve as proof of delivery in legal proceedings to support your claim that the defendant received the documents.

4. Publication Service

If the defendant cannot be located or personally served after multiple attempts and reasonably diligent effort, publication service may solve the problem. This process involves publishing a notice about the lawsuit in a newspaper of general circulation to locate individuals. However, this method requires the court’s approval.

5. Jurisdictions Specific Methods

In certain jurisdictions, other service methods like email are becoming increasingly common. It’s also used when other options prove futile. Other electronic methods are SMS, Fax, and social media platforms.

Key Process Server Laws in California

In California, the services of process servers are highly regulated under strict laws to secure the legal interests of all parties throughout the entire process. According to the California Code of Civil Procedure, process servers must first apply for a license for proper service. The California Secretary of State accepts applicants of at least 18 years old with a certified background check. 

The law also permits only the direct serving of court papers to the recipient. Hard-to-find and non-feasible individuals are eligible for substitute delivery. In this case, a responsible person living in the same residence can receive the documents instead of the right recipient. Here are some significant California process server rules based on the case’s nature and particular documents:

• California Business and Professions Code: Section 22350–22360: These sections require the registration of individuals who serve more than 10 legal documents per year for compensation. They must register with the county clerk, provide fingerprints, and post a $2,000 bond.
  The law also specifies that attorneys and licensed private investigators are exempt from these requirements. Additionally, this section bounds process servers to provide proof of service to confirm that court documents were personally delivered.

• California Code of Civil Procedure: Sections 415.10–415.95: These sections of the California Code of Civil Procedure provide the rules for serving court documents like summons or subpoenas to notify someone about a legal case. Service must be done through any of the following service methods as determined by the court: personal delivery, substituted service, and certified mailing. Additionally, the rules outline the responsibilities of every party in the case and the ensuing legal actions for defaults. 

• California Business and Professions Code: Sections 22450 – 22460: These sections of the California Business and Professions Code regulate professional photocopiers. Individuals or businesses that reproduce documents for a fee need to register with the county sheriff. This registration requires posting a bond to act responsibly. They must also maintain confidentiality while handling sensitive information.

Special Situations for Service of Process in California

California process server rules provide specific guidelines for serving legal documents in special situations. Here’s an overview of such situations and their legal implications: 

Serving Out-of-State Defendants

When a lawsuit involves a defendant outside of California, serving court documents, such as an out-of-state subpoena, becomes more complex. California law orders that the initial attempt to serve the defendant be made in person. This process involves a process server physically delivering the summons and complaint to the defendant.

However, alternative service methods can be helpful if personal service is impossible or impractical for the out-of-state subpoena. These methods require court approval and include certified mail and publication to support civil procedure. 

Publishing a notice about the lawsuit in a newspaper of general circulation can also help. The choice of alternative service method will depend on the specific circumstances of the civil procedure and the state’s laws where the defendant resides.

Serving People in Gated Communities

Gated communities can pose challenges for process servers, as security measures may restrict access. They must adhere to any specific rules or procedures established by the community association or homeowners association.

Typically, the process server must display a valid identification badge or license to serve a defendant residing in a gated community. At other times, they may need a permit from the community association to be granted access to the property. 

Serving Individuals in Jail or Prison

The exact approach to take when serving individuals in a jail or prison depends on the correctional facility’s jurisdiction. Typically, a correctional facility in California may be a county jail, state prison, or federal prison. If it is a state prison, contact the California Department of Corrections and Rehabilitation to obtain the individual’s CDC number.

For a county jail, simply reach out to the county’s Sheriff and they will provide you with the inmate details. On the other hand, you can find a federal inmate through the Federal Bureau of Prisons’ Inmate Locator.

Responsibilities of Process Servers in California 

Process servers handle various responsibilities for serving court documents to individuals or organizations. They keep all parties involved in a lawsuit or legal process informed. Here are the major duties of a legal process server:

Locating the Recipient’s Whereabouts 

Often, finding the intended recipient can be challenging in normal ways. Process servers employ various investigative techniques to locate individuals before court hearings. These include public records searches, social media inquiries, and physical surveillance. They typically use every possible way to deliver documents to the correct person, even if they are difficult to find.

Verifying the Recipient’s Identity 

Process servers don’t deliver legal documents to anyone without identity verification. This is essential to safeguard individual rights and maintain the legal process’s integrity. If the wrong person receives the paperwork, the situation can turn against your interests. So, when serving papers, request a valid means of identification, such as a current driver’s license.

Serving Legal Documents

Complaints, subpoenas, writs, and summons may be served by a process server to the necessary or proper party. These documents officially notify individuals of legal actions against them. They also help them to prepare a defense or take necessary steps to protect their legal rights.

Documenting the Service of Process

Process servers must document every step of the service process meticulously. This documentation records the date, time, and location of the service. They must mention the method of services, like personal service, substituted service, or certified mail. They also note any interactions with the person served, such as refusals or difficulties encountered that affect service.

Filing Proof of Service

Once the documents have been served, process servers complete an affidavit or proof of service form. This document certifies that the process server, pursuant to the legal requirements, served the document to the right person. It also serves as evidence in case of any future dispute. After submission of this document, the service is deemed complete.

Handling Sensitive Information 

Process servers handle sensitive personal and legal information carefully. They must maintain confidentiality and handle this information with utmost care. Their strategy includes protecting the privacy of individuals and never disclosing confidential documents to unauthorized parties.

Adhering to Legal Procedures

Process servers strictly adhere to the laws and regulations of the service of process in their jurisdiction. They have a good understanding of specific rules regarding timing, methods of service, and proof requirements.

They know that failure to comply with these rules can jeopardize the validity of the service and potentially impact the outcome of the legal proceeding. This way, process servers contribute to the efficiency and fairness of the legal system.

What Should You Do if You Don’t Know the Person’s Whereabouts?

If you don’t know where the person to be served is, you should consult professional process servers, as they have experience contacting difficult-to-find and evasive defendants. You may also explore any of the following options to ease the process of locating the recipients:

Use Property Records to Locate Recipients

Property records are one of the most reliable ways of getting the recent address of anyone who owns a property in the US. You can start by contacting the County Tax Assessor or County Recorder in the person’s last known location. 

These officials maintain up-to-date records for every property deed in their jurisdiction. Alternatively, you may widen your search net by using property search solutions with nationwide coverage, such as CoreLogic, PropertyShark, and ATTOM Data.

Use Online Directories and Search Websites

It’s increasingly difficult for anyone to stay hidden for long due to social media and several other tools for searching people’s information. You can easily use online directories like BeenVerified, Intelius, and TruthFinder to find a person’s phone number, recent address, place of employment, and even social media handles. So if your target recipient is difficult to find, you may explore this option.

Leverage Connections: Friends, Relatives, and Former Employers

Another way to find anyone if you can’t get their valid address is to contact their loved ones or employers. If you can successfully reach out to their friends and relatives through any legitimate means, you may convince them to tell you the whereabouts of the recipient. Alternatively, you may obtain the information from their current or former employers or colleagues.

Use the Postal Service to Locate a New Address

The US Postal Service (USPS) has one of the most robust databases of residents’ addresses. When someone changes their mailing address, they typically complete the PS Form 3575 to ensure future correspondence is properly routed. The USPS keeps the records of these address changes for up to 48 months. 

In the same vein, the USPS maintains the Delivery Point Validation (DPV) database, which contains all the known addresses of residential and commercial properties across the country. These databases are so priceless that most process servers do not hesitate to contact the postal service for the current contact information of evasive defendants.

Use a Reverse Phone Directory

A reverse phone lookup service allows a person who has authorization over the serving process to get various information about a recipient by simply inputting the target’s phone number into the search tool. A reverse phone lookup can give you their name, email address, residential address, and office address, among other things. The only problem with this option is that you must obtain the phone number first. Examples of reverse phone directories to consider are Truecaller and Whitepages.

Challenges and Limitations in the Service of Process

Service of process is a significant step in streamlining the legal process. However, it has its fair share of limitations and challenges, such as the following:

• Defendants can avoid service by using aliases or simply not answering the door.

• Outdated or incorrect addresses can hinder effective service attempts.

• The increasing use of digital communication and virtual identities can make it difficult to track down individuals.

• Language differences can affect communication and understanding of court documents.

• Misunderstandings or cultural differences can lead to resistance or hostility.

• Individuals with disabilities require specialized approaches for proper process service.

• Deadlines for service can be tight, and delays can lead to adverse consequences for the plaintiff’s case.

• Balancing the need for effective service with respecting an individual’s privacy can be challenging.

It’s essential to consider experienced process servers who understand the intricacies and can adapt to various situations. On-Call Legal Process Servers use innovative strategies to mitigate potential challenges and accurately streamline the legal process. 

Practical Tips for Choosing the Right Process Server

Choosing a process server is a serious decision that can affect the integrity of your case. As such, it must be done with care and attention. Here are some tips for hiring the right process server in California and beyond:

• Check their years of experience. The more experience a process server has, the more reliable they may be.

• Ensure they are registered. In California, any private entity or individual performing lawful service as a business must be registered with the County Clerk. A professional process server who is not registered cannot be trusted and may constitute bad service.

• Ensure they understand the local terrain of the recipient and the prevalent laws pertaining to the service of process in the state.

• Deadline integrity. Don’t work with a process server who doesn’t respect your time and the importance of your case. Poor deadline integrity on the part of the process server can lead to the dismissal of your case. On-Call Legal Process Servers can serve legal documents nationwide in less than 24 hours.

Need a Legitimate & Reputable Process Server in California?

Apart from showing how to serve process, the California Service of Process Rules help you navigate the intricacies of legal processes effectively without challenges. While they may appear stringent, a legitimate, reliable, and registered process server understands and can follow them to significantly impact the outcome of a legal matter. 

On-Call Legal Process Servers is the most reputable firm in California and beyond to trust with the responsibility of delivering your legal documents promptly and professionally. Our team of experienced process servers understands the nuances of legal actions and provides timely and accurate service of process. Secure your legal interests with legitimate process-serving services now! Contact us today to stay a step ahead of your opponent.

FAQ

What Should You Do if You’re Unsure How to Serve Court Papers?

If you are unsure about how to serve court papers, contact professional process servers, such as On-Call Legal Process Servers. They have the requisite experience to guide you and offer you a cost-effective and streamlined process service.

How to Prove You Were Not Served Properly?

To prove you were not served properly, you may need to provide an alibi or CCTV footage showing your exact location as of the time the process server allegedly dropped the papers with you. You may also get a written statement from the alibi and prepare for a court hearing on the issue.

In addition, obtain a copy of the summons and Proof of Service form filed by the process server and look for any inconsistencies or inaccuracies.

Can Someone Else Accept Served Papers in California?

Yes, someone else can accept served papers on behalf of the receiver whose name is on the document in California. This is called a substitute service under the Code of Civil Procedure (CCP 415.20). However, the process server must make sufficient effort to serve you the papers before considering substitute service.

If a personal service at the person’s dwelling house or office proves futile, the process serving rules allow the server to leave the document in the care of any responsible adult at the same address. It could be a family member, roommate, or neighbor who is at least 18 years old. The document can also be dropped at the place of work, and a copy must be mailed to the person’s home or business address.

How Many Days Before Court Must You Be Served in California?

The number of days you must be served before court depends on factors such as the type of case in question and the mode of service. For civil lawsuits (summons and complaints) involving a personal service, you must be served at least 16 days before the hearing, excluding weekends and court holidays. On the other hand, for substitute service, you must be served at least 26 days before the hearing.

Can a Process Server Leave Papers at Your Door in California?

No, it doesn’t count as a legal method of serving. A process server must serve you personally. However, after at least three unsuccessful attempts to reach you, he can serve you through substitute service by leaving the paper with your neighbor, family, or roommate who must be at least 18 years old. 

If you find papers at your door by a process server, you may have grounds to challenge the service or even dismiss the case. The only exception to this rule is if they dropped it at the door in your presence.

How Many Times Can a Process Server Come to Your House in California?

There is no designated number of times a process server can attempt to serve you at your house. Nonetheless, three attempts are a common standard to show reasonable diligence in ensuring that a person is informed and served personally. 

Can a Process Server Serve a Family Member?

Yes, but under specific conditions. The California Service of Process Rules permit a process server to serve a family member if unable to deliver directly to the person or entity involved. This method is called substitute service. It is legal only if the family member is above 18 years old and lives at the same address as the target of service.

What Hours Can a Process Server Serve You in California?

Process servers can deliver legal papers almost any time of the day in California, even on weekends and holidays. It’s rational to serve papers during usual office hours. However, the peculiarity of the recipient may make the process server consider odd hours. As such, they often serve documents between 7:00 AM and 10:00 PM. This timing also avoids disturbing people at inconvenient times, like very early in the morning or late at night.