Who Can Accept Service of Process?

What makes a service of process valid is not just how it is served, but also whether it is served to the right person or entity. If you deliver court documents to an unauthorized person, the intended recipient may not acknowledge the receipt of the documents, and the service may be declared invalid. This can contribute to delays and additional expenses as you may have to repeat the service. That’s why you need to know who can accept service of process so you can make sure your documents are delivered to the right hands.

Process service can be accepted by the person named in the document or by other authorized persons. For example, corporations and government agencies may appoint a registered agent to receive legal papers on their behalf, while individuals may authorize their attorney to accept service on their behalf. To avoid serving the wrong person, it’s best to hire a professional process server who understands the right entity to serve, depending on the nature of service.

With over 16 years of experience, On-Call Legal Process Servers understand all the rules and requirements for services of process in California and nationwide. Our experienced process servers are always available to help you deliver your court documents to the right person anywhere in the country while making sure you stay compliant. Schedule a free consultation with us to discuss your needs and guide you throughout the process.

This blog post will cover what service of process is, individuals who can accept service of process, the legal implications, and the importance of proper service.

What Is Service of Process?

Service of process is the legal procedure through which legal documents are delivered to a party to a case to inform them of a lawsuit or legal action against them. It is also known as process service. The idea of serving process is to make sure that the served party is duly aware of their expected legal responsibilities and has enough time to respond. As such, service of process helps maintain equity, fairness, and transparency in the legal system.

Through service of process, the law ascertains that the due process rights of all parties are upheld by providing them with timely and adequate notice of the legal actions against them. Proper service is also necessary for a court to have jurisdiction over a defendant. Without service, a court cannot legally compel a party to appear or respond, nor can it issue a binding judgment against them.

What Is a Proper Service of Process?

For a service of process to be valid, it must be proper. Proper service of process means delivering legal documents according to the requirements of the law in the applicable jurisdiction. The legal papers must be served by an authorized server, to the right recipient, and using an approved method of service. After serving the documents, the server must file a proof of service with the court as evidence that they served the papers correctly. Moreover, the process server must complete the delivery within the legally stipulated timeline to give the recipient the required time to respond appropriately.

Who Can Accept Service of Process in California?

According to the California Code of Civil Procedure, there are different entities authorized to accept service of legal papers, depending on the entity you intend to serve and the kind of document to deliver.

1. For Individuals

The most straightforward method is to directly serve the individual named in the document. With a successful personal service, you can be sure that the individual personally receives and acknowledges the service, thereby minimizing the risk of disputes over whether the service was completed. If you cannot reach the individual directly, you can leave the documents with another person of suitable age and discretion at the individual’s home or usual place of business. This is known as substituted service, and you’ll need to follow it up by mailing a copy of the served papers to the same address.

Moreover, in some cases, attorneys can accept service on behalf of individuals if they’re authorized by the individual to do so. This can be useful for individuals who are often unavailable or prefer to have legal matters handled by a professional.

2. For Corporations and LLCs

Corporations and LLCs must designate a registered agent, also known as an agent for service of process, in their state of incorporation. It’s the duty of this registered agent to receive legal documents on behalf of the business. If the agent is unavailable, corporate officers of the organization can accept service. Examples of such officers include the president, vice president, secretary, or treasurer. For LLCs without a designated registered agent, managing members or managers can accept service.

3. For Partnerships and Sole Proprietorships

Any of the general partners in a partnership can accept service on behalf of the partnership. For sole proprietorships, the individual owner of the sole proprietorship is the one authorized to accept service. In some cases, the business can also authorize an employee to accept service on their behalf. This helps make sure that they don’t miss any process service when the owner is not readily available.

4. For Government Agencies

If you’re serving a government agency, be sure to serve the papers to the officer or agent authorized by law to receive service on behalf of the agency. This is usually the head of legal departments or designated legal representatives, such as the head of the agency. In some cases, the legal counsel or attorney representing the government agency can also accept service on their behalf as long as they are legally authorized to do so.

Types of Service of Process

As mentioned earlier, a service of process must be done using an approved method to be taken as valid. There are various approved methods of process service, and each method has its specific requirements and procedural rules. The choice of method can depend on various factors, including the nature of the case, the location of the parties, and the rules of the jurisdiction. In California, the approved methods include:

1. Personal Service

Also known as in-person service, personal service means handing the legal papers directly to the person named on the papers. It is the most common and the most preferred method of service because it’s the most direct way to guarantee that the intended recipient received the served documents. However, it can be difficult and time-consuming to locate and serve some recipients, especially if they are trying to evade service. Personal service can be carried out by a professional process server, a sheriff, or any other authorized person.

2. Substituted Service

In a case where personal service is not possible or has failed after a reasonable number of attempts, substituted service can be used. Substituted service involves leaving the documents with a responsible person at the individual’s residence or place of business. It also requires that the server mails a copy to the same address where they served the documents. The primary advantage of substituted service is that it provides a flexible alternative when the intended recipient is not available for personal service. However, the major challenge is that the responsible person may not always deliver the documents promptly to the intended recipient.

3. Service By Mail

Service by mail is done by sending the documents through certified or registered mail. The server also requests the certified mail receipt as proof of service. The primary advantage of mail service is that it does not need physical contact to deliver the documents.

However, there are cases where the recipient may refuse to acknowledge the mail or fail to respond, thereby complicating the entire service process. Additionally, not all types of court papers can be served via mail, and this may vary across different jurisdictions. Hence, it’s best to confirm that your jurisdiction allows mail service for the type of document you want to serve before you mail them.

4. Electronic Service

Electronic service, also known as e-service, simply means serving legal documents through email or other electronic means. It’s a quick and efficient method, and can be especially useful in cases involving parties located in different jurisdictions or far-apart locations. However, e-service often requires prior agreement of the recipient or court approval, and is only allowed in certain conditions as specified by the local law. Additionally, there may be issues of verifying receipt and ascertaining the security and integrity of electronic documents.

5. Service by Publication

Service by publication is also called constructive service in some jurisdictions. It is mostly used to give “constructive notice” to a defendant who is intentionally absent, in hiding, or unknown. If you’ve made reasonable efforts but still cannot find the intended recipient, the notice can be published in a newspaper of general circulation in the area where the person is believed to live. This is usually a last resort and is less reliable as you can’t be sure that the intended recipient will see the published notice. Before you serve by publication, make sure you’ve made considerate efforts to notify the unreachable recipient by every other means possible.

Legal Documents Delivered By a Process Server

There are various kinds of papers that a process server serves based on the purpose of the process service. While some legal papers notify parties of a lawsuit or court order, others may require them to participate in a hearing, produce documents as evidence, or testify in court as a witness. These different types of documents include:

• Summons – to notify a defendant that a legal action has been initiated against them.
• Complaints – to outline the plaintiff’s allegations against the defendant, including the facts of the case, the legal grounds for the lawsuit, and the relief sought by the plaintiff. In some cases, the summons and complaint are served together as a single package to initiate a lawsuit.
• Subpoena – to compel an individual to appear in court or produce documents, records, or other evidence for a legal proceeding.
• Writ – to direct a person or entity to perform or refrain from performing a specific act.
• Notice – to inform a party of specific legal rights, obligations, or proceedings.
• Divorce decree – to officially end a marriage and specify the terms of the divorce.
• Child custody order – to determine who takes guardianship of a child after the parents separate or divorce.

Who Is a Process Server?

A process server is a person who delivers legal papers to individuals or entities involved in a legal proceeding. They serve legal documents to inform the recipient about a legal action against them or what the court requires them to do, depending on the court paper involved. Process servers help make sure that legal actions can proceed fairly and that all parties are properly informed of their involvement and what is expected of them during a legal case. By receiving due notice, the parties involved have the opportunity to defend themselves in court or respond to the demands of the court.

Process servers also perform administrative duties such as preparing court documents, providing proof of service, and filing court papers. They can also help their clients retrieve official documents from courts or other places, especially for law firms or attorneys who may not be able to access these documents.

Who Qualifies as a Process Server?

There are many requirements that determine who can be a process server. The aim of these requirements is to make sure that anyone serving legal papers must meet the legal and professional criteria to serve them. The criteria vary by jurisdiction.

Generally, a process server must be a citizen or legal resident of the country where they serve papers. They must be at least 18 years old, must not be a party to the case, and must not have any criminal record. If you serve more than 10 papers in a year as a process server in California, you must be registered in the county where you live or have your primary place of business, according to the National Association of Professional Process Servers (NAPPS).

In some states, you’ll have to be a registered process server and also obtain a license. Note that this does not apply to every state. For example, California process servers are not mandated to be licensed. Moreover, some states still mandate their process servers to obtain specific certifications to qualify. For instance, process servers in Texas are required to be certified by the Judicial Branch Certification Commission (JBCC) after completing a certified training course and passing a criminal history check.

Additionally, process servers are required to hold a surety bond or liability insurance. The insurance is necessary to protect both the server and their clients against possible legal claims due to errors during service. According to NAPPS, California process servers must post a $2,000 bond or cash deposit.

How Much Does a Process Server Cost?

On average, the cost of hiring a process server in California falls between $65 and $95. On the other hand, the national average usually ranges from $55 to $85. However, the exact amount can be lower or higher depending on the type of service, location of the recipient, and number of service attempts required. The fees could also go way higher if you require expedited service or if you ask the process server to deliver the document in a hard-to-access location.

Some professional process servers might charge extra fees for administrative services such as processing court records, affidavit processing, and filing court documents. If the intended recipients prove evasive, a private process server may charge extra fees to locate them, especially when it involves skip tracing. Additionally, urgent deliveries that may require rush services usually cost more.

What Hours Can A Process Server Serve You In California?

In California, process servers typically serve legal papers during regular business, usually between 8:00am to 5:00pm. However, process servers may attempt to serve documents early in the morning, in the evening, or during the weekends, to increase the chances of meeting the recipient at home, thereby increasing the chances of successful service.

Note that while there is no explicit restriction, process servers generally avoid serving documents at very late or very early hours (e.g., after 9:00 PM or before 6:00 AM) to avoid disturbing the recipient and to ensure the service is considered reasonable and respectful.

Sometimes, court orders or local rules may specify or restrict the hours during which service can be attempted, particularly in sensitive cases. For certain types of documents, such as restraining orders or urgent legal notices, process servers may also be required to serve documents promptly, regardless of the time of day.

Consequences of Improper Service

The legal system insists on proper service of process to make sure that legal proceedings are fair and just. Failure to serve papers according to the rules governing service in your jurisdiction may lead to various consequences that may negatively affect the outcome of your case. Here are some consequences of improper service of process.

1. If the recipient can prove improper service of process, the court may dismiss the case.
2. The court may have to address the issue of improper service before proceeding with the case. As such, it may lead to significant delays. The longer the case, the more legal expenses incurred in the process.
3. For subpoena services, the recipient may file a motion to quash the subpoena if you do not serve them correctly.
4. In some cases, courts may impose sanctions or penalties, such as fines on parties or their attorneys for improper service.
5. Courts require proper service to establish jurisdiction over the defendant. Improper service can result in the court lacking jurisdiction.

Challenges and Disputes Over Service of Process (and How to Resolve Them)

There are various challenges that may put the validity of a service of process in question. If they are not resolved, disputes that may arise from these challenges can affect the progress of the case, cause delays, or even dismiss the case.

One of the most common disputes is that the defendant may deny that they ever received the documents or claim that they were not properly served. To resolve this, provide a proof of service such as a signed acknowledgement form, affidavit from the process server, or other legally accepted evidence that can show that you complied with legal standards.

Additionally, your service can be considered invalid if you serve the wrong person. Always confirm that the recipient is either the person named on the document or someone who is authorized to accept service on their behalf.

If you serve papers using an incorrect or unapproved method of service, it can provide grounds for disputes. A good example is serving documents by mail when personal service is strictly required. You need to be sure that whatever method you’re using is legally approved and legally correct for the type of document you’re serving.

Remember that various legal documents have deadlines set by law. If you serve them outside this timeline, your service of process might be invalidated. Hence, make sure that you adhere to the timelines set by the court. In addition, it’s difficult to resolve disputes over the correctness of a process service when you do not properly document the service. To avoid this, always complete and file a proof of service form with the court. Include details such as the identity of the recipient, date, time, place, and method of service.

Moreover, serving a corporation, LLC, or other entity requires delivering documents to the correct agent or representative. Be sure to identify and serve the registered agent or appropriate officer as specified by the entity’s registration documents and applicable laws.

Contact On-Call Legal Process Servers Today

Identifying the right person to serve legal papers is important to help you maintain compliance with both local and federal rules and guarantee that the process service is valid. Note that “the right person” may differ depending on whether you’re serving an individual, an organization, a business, or a government agency. If you serve the wrong person, the papers might never get to the intended recipient and this may invalidate your service and delay the entire legal process.

We recommend that you hire a professional process server who is experienced in serving court papers in your jurisdictions. On-Call Legal Process Servers are your go-to experts for all services of process within California and the United States at large. We also offer all-inclusive support services for legal professionals, attorneys, and law firms. Contact us today – let’s discuss how we can help you serve your documents without stress.