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Straight talk about what you should know about Los Angeles Process Serving, and hiring the right Process Service Company.
In the State of California, the law requires that a Los Angeles Process Server must be at least 18 years of age and not a party to the action in which he/she is the process server. A party to the action is defined as the plaintiff or defendant. He must be a disinterested person and have no legal or financial interest in the lawsuit in which he is the process server. After he completes the service of process, he must swear under penalty of perjury that the service of process was executed in a proper manner and that the defendant was provided due process and the service of process was made in a calculated manner designed to give the defendant actual notice of the proceeding.
The Los Angeles County Sheriff as well as other county sheriffs throughout California have a civil process division and provide process serving for the general public on a limited basis. Some sheriff’s offices serve only mandated process, such as writs requiring the physical taking of property.
In Los Angeles County and most other California counties there is an alterative to the County Sheriff for your Process Serving needs…A Registered Los Angeles County Process Server.
As previously stated, California law requires that a Los Angeles process server be over the age of 18 and not a party to the action. If the person/process server serves more then ten services in one calendar year he or she must register as a professional process server. Attorneys, employees of attorneys, licensed private investigators, sheriffs or governmental employees who are acting in the capacity of their employment, and professional photo copiers whose only process serving relates to subpoenas for the production of records, are exempt from registering as process servers. This exemption does not make the person a registered server. It only exempts them from having to register as a process server.
In Los Angeles County, a person registers as a process server by posting a $2,000 process server bond and filing of a certificate of registration with the Los Angeles county clerk. The certificate of registration states that the registrant /process server has not been convicted of a felony.
The registrant must also provide 2 finger print cards for a State and Federal background check to insure that they have no felony convictions.
The Registered Los Angeles Process Server statute gives them authority to serve certain documents :
+ Writ of Attachment
+ Writ of execution
+ Earnings withholding order
+ Order of Examination of judgment debtor
+ Pre-Judgment claim of right to possession
The registered process server also has special legal status in regard to the manner in which the process server conducts himself as a process server.
+ Assault on a process server while performing a service of process is a felony
+ Limited exemption from trespass
+ Proof of service has rebuttable presumption status
+ Must be provided access to a gated community when performing a service of process
+ Service, locate and stakeout fees are recoverable costs
Registered Los Angeles process servers are not limited to when service of process can be made. Generally speaking service of process may be made 24 hours on any day of the week, provided that the documents to be served originate in a state that allows process to be served without restrictions. Please note that certain states do not allow process service on Sunday.
As stated, there is no hard and fast rule as to when service of process can be made (other than on Sunday) however, a good Los Angeles process serving company should use some discretion when serving process late at night or early in the morning. A rule of thumb that most Los Angeles County process servers use is not to serve any legal documents after 10:00 pm or before 7:00 am, unless specifically requested by the process server’s client to serve at a time outside of those hours.
Other states have varying rules for service of process. A professional process service company should certainly stay informed in that regard to avoid an improper service, which could cause serious delays to a court case if the Los Angeles Process Server failed to perform his duty to properly serve legal documents
Serious problems can arise out of improper service of process. For example, when a improper service is made or the process server lies on a proof of service declaration, the court has no jurisdiction over the person served. Usually a bad service is not discovered for many months, often times after a default judgment is entered. In that event, the defendant may have a cause of action against the plaintiff and the process server for abuse of process and emotional distress to mention a few.
The professional los angeles process service company is obligated and has a legal duty to know the proper manner for service of process. The Process Server's registration could be revoked for performing an invalid service of process.
When hiring a Los Angeles Process Service Company,It is important to know whether or not their Process Server is qualified to handle your assignment. The following is a list of questions for you to consider in that regard.
Is the Los Angeles Process Server registered and bonded?
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