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Hiring a legal process server is
an extremely important step
in proceeding with a court case.
In some states, someone who
performs the service of
process is required by law
to be authorized by the
Courts or be licensed by
its respective State to do so.
Even if a process server doesn’t
need to be licensed in the State
where you need service,
you should keep in mind
that a process server is someone
who is experienced in serving
legal documents efficiently.
More importantly, professional
process servers are knowledgeable
of the legislation surrounding the
service of process in their State
or County. There are several
requirements and constraints
associated with serving legal
documents that vary from State
to State, or County to County. If the service is not performed
in accordance with the law,
this can
hinder your case from
going forward
or result in a
dismissal of your case.
All of our Process Service
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Los Angeles
Process Server
and
Service of Legal Process
in
Los Angeles
CODE OF CIVIL PROCEDURE SECTION 415.10-415.95
415.10. A summons may be served by personal delivery of a
copy of the summons and of the complaint to
the person to be served. Service of a summons in this manner
is deemed complete at the time of such delivery.
The date upon which personal delivery is made shall be entered on
or affixed to the face of the copy of the summons
at the time of its delivery. However, service of a summons
without such date shall be valid and effective.
415.20. (a) In lieu of personal delivery of a copy of the
summons and complaint to the person to be served
as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50,
a summons may be served by
leaving a copy of the summons and complaint during usual office hours
in his or her office or, if no physical
address is known, at his or her usual mailing address, other
than a United States Postal Service post office box,
with the person who is apparently in charge thereof, and by
thereafter mailing a copy of the summons and
complaint by first-class mail, postage prepaid to the person to
be served at the place where a copy of the
summons and complaint were left. When service is effected by
leaving a copy of the summons and complaint at a
mailing address, it shall be left with a person at least 18 years
of age, who shall be informed of the contents
thereof. Service of a summons in this manner is deemed
complete on the 10th day after the mailing.
(b) If a copy of the summons and complaint cannot with reasonable
diligence be personally delivered to the
person to be served, as specified in Section 416.60, 416.70, 416.80,
or 416.90, a summons may be served by
leaving a copy of the summons and complaint at the person's
dwelling house, usual place of abode, usual place of
business, or usual mailing address other than a United States Postal
Service post office box, in the presence of a
competent member of the household or a person apparently in charge
of his or her office, place of business, or
usual mailing address other than a United States Postal Service post
office box, at least 18 years of age, who
shall be informed of the contents thereof, and by thereafter mailing a
copy of the summons and of the complaint
by first-class mail, postage prepaid to the person to be
served at the place where a copy of the summons and
complaint were left. Service of a summons in this manner
is deemed complete on the 10th day after the mailing.
415.21. (a) Notwithstanding any other law, any person
shall be granted access to a gated community for a
reasonable period of time for the sole purpose of performing
lawful service of process or service of a subpoena
upon displaying a current driver's license or other identification,
and one of the following: (1) A badge
or other confirmation that the individual is acting in his or
her capacity as a representative of a county
sheriff or marshal. (2) Evidence of current registration as
a process server pursuant to Chapter 16
(commencing with Section 22350) of Division 8 of the Business
and Professions Code or of licensure as a private
investigator pursuant to Chapter 11.3 (commencing with Section
7512) of Division 3 of the Business and Professions Code.
(b) This section shall only apply to a gated community that is staffed at the time service of process is attempted
by a guard or other security personnel assigned to control access to the community.
415.30. (a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed
(by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the
notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed
to the sender.
(b) The notice specified in subdivision (a) shall be in substantially the following form:
(Title of court and cause, with action number, to be inserted by the sender prior to mailing)
NOTICE To: (Here state the name of the person to be served.)
This summons is served pursuant to Section 415.30 of the California Code of Civil Procedure.
Failure to complete this form and return it to the sender within 20 days may subject you
(or the party on whose behalf you are being served) to liability for the payment of any expenses
incurred in serving a summons upon you in any other manner permitted by law. If you are served on
behalf of a corporation, unincorporated association (including a partnership), or other entity,
this form must be signed in the name of such entity by you or by a person authorized to receive service
of process on behalf of such entity. In all other cases, this form must be signed by you personally or
by a person authorized by you to acknowledge receipt of summons. Section 415.30 provides that this
summons is deemed served on the date of execution of an acknowledgment of receipt of summons.
_________________________
Signature of sender
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS
This acknowledges receipt on (insert date) of a copy of the
summons and of the complaint at (insert address).
Date:____________________
(Date this acknowledgement is executed)
Signature of person acknowledging receipt, with title if acknowledgment is made on behalf of another
person
(c) Service of a summons pursuant to this section is deemed
complete on the date a written acknowledgement of receipt of summons is executed, if such
acknowledgement thereafter is returned to the sender.
(d) If the person to whom a copy of the
summons and of the complaint are mailed pursuant to this section fails to complete and return
the acknowledgement form set forth in subdivision (b) within 20 days from the date of such mailing,
the party to whom the summons was mailed shall be liable for reasonable expenses thereafter
incurred in serving or attempting to serve the party by another method permitted by this chapter, and,
except for good cause shown, the court in which the action is pending, upon motion, with or without
notice, shall award the party such expenses whether or not he is otherwise entitled to recover his costs in the action.
(e) A notice or acknowledgment of receipt in form approved by the Judicial Council is deemed to
comply with this section.
415.40. A summons may be served on a person outside this state in any manner provided by this article or by sending a
copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a
return receipt. Service of a summons by this form of mail is deemed complete on the 10th day after such mailing.
415.45. (a) A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it
appears to the satisfaction of the court in which the action is pending that the party to be served cannot with
reasonable diligence be served in any manner specified in this article other than publication and that:
(1) A cause of action exists against the party upon whom service is to be made or he is a necessary or proper
party to the action; or
(2) The party to be served has or claims an interest in real property in this state
that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part
in excluding such party from any interest in such property.
(b) The court shall order the summons to be
posted on the premises in a manner most likely to give actual notice to the party to be served and direct
that a copy of the summons and of the complaint be forthwith mailed by certified mail to such party at his last
known address.
(c) Service of summons in this manner is deemed complete on the 10th day after posting and mailing.
(d) Notwithstanding an order for posting of the summons, a summons may be served in any other manner authorized
by this article, except publication, in which event such service shall supersede any posted summons.
415.46. (a) In addition to the service of a summons and complaint in an action for unlawful detainer upon a
tenant and subtenant, if any, as prescribed by this article, a prejudgment claim of right to possession may
also be served on any person who appears to be or who may claim to have occupied the premises at the time of
the filing of the action. Service upon occupants shall be made pursuant to subdivision (c) by serving a copy
of a prejudgment claim of right to possession, as specified in subdivision (f), attached to a copy of the
summons and complaint at the same time service is made upon the tenant and subtenant, if any.
(b) Service of the prejudgment claim of right to possession in this manner shall be effected by a marshal,
sheriff, or registered process server. (c) (1) When serving the summons and complaint upon a tenant and
subtenant, if any, the marshal, sheriff, or registered process server shall make a reasonably diligent effort
to ascertain whether there are other adult occupants of the premises who are not named in the summons
and complaint by inquiring of the person or persons who are being personally served, or any person of
suitable age and discretion who appears to reside upon the premises, whether there are other occupants
of the premises.
(2) If the identity of such an occupant is disclosed to the officer or process
server and the occupant is present at the premises, the officer or process server shall serve that occupant
with a copy of the prejudgment claim of right to possession attached to a copy of the summons and complaint.
If personal service cannot be made upon that occupant at that time, service may be effected by
leaving a copy of a prejudgment claim of right to possession attached to a copy of the summons and complaint
addressed to that occupant with a person of suitable age and discretion at the premises, affixing the
same so that it is not readily removable in a conspicuous place on the premises in a manner most likely
to give actual notice to that occupant, and sending the same addressed to that occupant by first-class mail.
(3) In addition to the service on an identified occupant, or if no occupant is disclosed to the officer or
process server, or if substituted service is made upon the tenant and subtenant, if any, the officer or
process server shall serve a prejudgment claim of right to possession for all other persons who may claim
to occupy the premises at the time of the filing of the action by leaving a copy of a prejudgment claim
of right to possession attached to a copy of the summons and complaint at the premises at the same time
service is made upon the tenant and subtenant, if any, affixing the same so that it is not readily removable
in a conspicuous place on the premises so that it is likely to give actual notice to an occupant,
and sending the same addressed to "all occupants in care of the named tenant" to the premises by first-class mail.
(4) The person serving process shall state the date of service on the prejudgment claim of right to
possession form. However, the absence of the date of service on the prejudgment claim of right to
possession does not invalidate the claim. (d) Proof of service under this section shall be filed
with the court and shall include a statement that service was made pursuant to this section.
Service on occupants in accordance with this section shall not alter or affect service upon the
tenant or subtenant, if any. (e) (1) If an owner or his or her agent has directed and obtained
service of a prejudgment claim of right to possession in accordance with this section, no occupant
of the premises, whether or not that occupant is named in the judgment for possession, may object
to the enforcement of that judgment as prescribed in Section 1174.3. (2) In any action for
unlawful detainer resulting from a foreclosure sale of a rental housing unit pursuant to Section
1161a, paragraph (1) shall not limit the right of any tenant or subtenant of the property to file
a prejudgment claim of right of possession pursuant to subdivision (a) of Section 1174.25 at any time
before judgment, or to object to enforcement of a judgment for possession as prescribed in Section 1174.3,
regardless of whether the tenant or subtenant was served with a prejudgment claim of right to possession
(f) The prejudgment claim of right to possession shall be made on the following form: * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Prejudgment Claim of Right to Possession
form appears in the hard-copy publication of the chaptered bill. See Sec. 7 of Chapter 913, Statutes of 2014.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE INSERTED
415.47. (a) Where the lessee has given the lessor written notice
of the lessee's intent not to abandon
leased real property as provided in Section 1951.3 of the Civil Code,
the summons in an action for unlawful
detainer of the real property may be served on the lessee by
certified mail, postage prepaid, addressed to the
lessee at the address stated in the lessee's notice of intent
not to abandon if such summons is deposited in
the mail within 60 days from the date the lessee's notice of
intent not to abandon is received by the lessor.
Service in this manner is deemed completed on the 10th day
after such mailing. (b) Where the lessee has
given the lessor written notice of the lessee's intent not to
abandon leased real property as provided in
Section 1951.3 of the Civil Code, but failed to include in such
notice an address at which the lessee may be
served by certified mail in any action for unlawful detainer of the
real property, the summons in an action
for unlawful detainer of the real property may be served on the lessee
by certified mail, postage prepaid,
addressed to the lessee at (1) the same address or addresses
to which the lessor's notice of belief of
abandonment was addressed if that notice was given by mail or
(2) the address of the real property if the
lessor's notice of belief of abandonment was personally served on
the lessee. Service may not be made
pursuant to this subdivision unless the summons is deposited
in the mail within 60 days from the date the
lessee's notice of intent not to abandon is received by the lessor.
Service in the manner authorized by
this subdivision is deemed completed on the 10th day after such
mailing. (c) This section provides an
alternative method of service on the lessee and does not preclude
service in any other manner authorized
by this chapter.
415.50. (a) A summons may be served by publication if
upon affidavit it appears to
the satisfaction of the court in which the action is pending that
the party to be served cannot
with reasonable diligence be served in another manner specified
in this article and that either:
(1) A cause of action exists against the party upon whom service
is to be made or he or she is
a necessary or proper party to the action. (2) The party to
be served has or claims an interest
in real or personal property in this state that is subject to
the jurisdiction of the court or the
relief demanded in the action consists wholly or in part in
excluding the party from any interest
in the property.
(b) The court shall order the summons to be published
in a named newspaper, published in this state,
that is most likely to give actual notice to the party
to be served. If the party to be served resides
or is located out of this state, the court may also order the
summons to be published in a named newspaper
outside this state that is most likely to give actual notice
to that party. The order shall direct that
a copy of the summons, the complaint, and the order for
publication be forthwith mailed to the party if
his or her address is ascertained before expiration of the time
prescribed for publication of the summons.
Except as otherwise provided by statute, the publication shall be
made as provided by Section 6064 of the
Government Code unless the court, in its discretion,
orders publication for a longer period.
(c) Service of a summons in this manner is deemed complete as
provided in Section 6064 of the Government Code.
(d) Notwithstanding an order for publication of the summons,
a summons may be served in another manner authorized by this
chapter, in which event the service shall supersede any published summons.
(e) As a condition of establishing that the party to
be served cannot with reasonable diligence be served
in another manner specified in this article, the court
may not require that a search be conducted of
public databases where access by a registered process server to
residential addresses is prohibited
by law or by published policy of the agency providing the database,
including, but not limited to,
voter registration rolls and records of the
Department of Motor Vehicles.
415.95. (a) A summons may be served on a business organization, form unknown, by leaving a
copy of the summons and complaint during usual office hours with the person who is apparently
in charge of the office of that business organization, and by thereafter mailing a copy of the
summons and complaint by first-class mail, postage prepaid, to the person to be served at the place
where a copy of the summons and complaint was left. Service of a summons in this manner is deemed
complete on the 10th day after the mailing. (b) Service of a summons pursuant to this section is
not valid for a corporation with a registered agent for service of process listed with the Secretary of State.
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CODE OF CIVIL PROCEDURE SECTION 416.10-416.90
416.10. A summons may be served on a corporation by delivering a copy of the summons and the
complaint by any of the following methods:
(a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations to which they remain applicable).
(b) To the president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person authorized by the corporation to
receive service of process.
(c) If the corporation is a bank, to a cashier or assistant cashier or to a person specified in subdivision (a) or (b). (d) If authorized by any provision in Section 1701, 1702, 2110, or 2111 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations to which they remain applicable), as provided by that provision.
416.20. A summons may be served on a corporation that has forfeited its charter or right to do business, or has dissolved, by delivering a copy of the summons and of the complaint: (a) To a person who is a trustee of the corporation and of its stockholders or members; or (b) When authorized by any provision in Sections 2011 or 2114 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code as in effect on December 31, 1976, with respect to corporations to which they remain applicable),
as provided by such provision.
416.30. A summons may be served on a joint stock company or association by delivering a copy of the summons and of the complaint as provided by Section 416.10 or 416.20.
416.40. A summons may be served on an unincorporated association (including a partnership) by delivering a copy of the summons and of the complaint: (a) If the association is a general or limited partnership, to the person designated as agent for service of process in a statement filed with the Secretary of State or to a general partner or the general manager of the partnership; (b) If the association is not a general or limited partnership, to the person designated as agent for service of process in a statement filed with the Secretary of State or to the president or other head of the association, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the association to receive service of process; (c) When authorized by Section 18220 of the Corporations Code,
as provided by that section.
416.50. (a) A summons may be served on a public entity by delivering a copy of the summons and of the complaint to the clerk, secretary, president, presiding officer, or other head of its governing body. (b) As used in this section, "public entity" includes the state and any office, department, division, bureau, board, commission, or agency of the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in this state.
416.60. A summons may be served on a minor by delivering a copy of the summons and of the complaint to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having the care or control of such minor or with whom he resides or by whom he is employed, and to the minor if he is at least 12 years of age.
416.70. A summons may be served on a person (other than a minor) for whom a guardian, conservator, or similar fiduciary has been appointed by delivering a copy of the summons and of the complaint to his guardian, conservator, or similar fiduciary and to such person, but, for good cause shown, the court in which the action is pending may dispense with delivery to such person.
416.80. When authorized by Section 12 of the Elections Code, a summons may be served as provided by that section.
416.90. A summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person or to a person authorized by him to receive service of process.
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