A service of process is the act of notifying a party when there is a pending lawsuit in a civil or domestic case. This service, depending on the state, can be performed by either a private process server, the sheriff’s department, or an unbiased third party.
Preferably, papers should be served directly to the party involved in the lawsuit. However, in some cases papers may be left at the recipient’s workplace or home. Such people that can accept these legal documents on behalf of the party include persons authorized to accept service of process (businesses), adult family members over the age of 18 and listed legal counsel.
Yes, papers can be served by mail in certain cases or with permission from the presiding judge. The person mailing the papers must be a third party not involved in the case, is at least 18 years old, and completes a proof of service form. Also, there must be a return receipt with signature indicating the intended party received the papers.
Yes. In some cases within California, papers can be left at the place of employment. This includes any coworker who is at least 18 years old at the time the papers were served.
Documents may be served by either the sheriff’s department, a private process server, or another third party that remains neutral to both parties. However, individuals or attorneys involved in the case cannot directly serve papers and doing so are in clear violation of the law.
Depending on the state and jurisdiction where you live, it is almost certainly required to serve papers through a third party. While you can utilize a family member or friend not directly involved in the case, using a professional process server eliminates any conflict that may arise during the interaction. Here at Hastings Legal Services, we are trained to handle any potential altercations and protect the safety of our clients.
In most cases, yes. Our offices handle all paperwork filing and can be added in addition to the service of process. However, keep in almost all process servers charge an additional fee. Therefore, check with us for more details on pricing.
The licensing requirements to become a process server vary by state. In California, where we are located, there are stringent rules set in place. This includes having a clean criminal history, being at least 18 years old, and a residency requirement of one year prior to application.
When papers are served to the intended party or qualified recipient, you will receive a proof of service. This document verifies who was served and where they were located. Hastings Legal Services can also provide you with an affidavit of due diligence if we are unable to affect service on the party to be served.
This varies widely by company and location. That being said, fees usually range between $35-$250 per document served. Other factors such as mileage also influence the cost. If you are located in the Temecula or surrounding area, please contact us by phone or email and we’ll be happy to provide you with a free quote.
Process servers use a wide array of technology and other resources in order to locate a particular individual or party. This includes searching databases, property records, social media accounts and by contacting relatives, friends, and employers. Process servers can also hire private investigators to carry out a more in-depth search.
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