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| | Does a process server have to be
licensed in California?
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You can get California Process
Servers License. If you don't have your license, you must be
registered and bonded. Read more below. |
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| | | California Process Server
Licensing Requirements |
| If an individual serves more than 10
papers a year they are required to be registered in the county
they serve in. Registration is statewide and applicants must
be a resident of the State of California for one year
immediately preceding filing. There is no testing, or
education required. Every applicant is required to post a
$2,000 bond or cash deposit. Licensed private investigators
are exempt from the registration requirement, but are likely
not permitted to serve bank levies and similar documents
without being registered per the statutory language requiring
that a registered process server serve those documents.
[California Business and Professions Code §22350 and
§22353] | | | | California Service of Process
Laws to Note |
- A summons may be served by any person who
is at least 18 years of age and not a party to the
action.
- The Federal Law on this subject is covered
in Title 18 U.S.C. § 1501, which provides in relevant part:
Assault on Process Server Whoever knowingly and willingly
obstructs, resists or opposes any officer of the United
States, or other person duly authorized, in serving, or
attempting to serve or execute, any legal or judicial writ
or process of any court of the United States...shall, except
as otherwise provided by law, be fined not more than $300 or
imprisoned not more than one year, or
both.
| | | | California Rules of
Civil Procedure | | Please note that lobbyists are active
in California and laws concerning civil procedure and process
serving can change. Therefore the information listed below may
have been amended. For updated process serving legislation,
please visit the California Judiciary and
Courts web
site. | | | | § 413.10 |
| Except as otherwise provided by statute,
a summons shall be served on a person: |
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Within this state, as provided
in this chapter.
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Outside this state but within
the United States, as provided in this chapter or as
prescribed by the law of the place where the person is
served.
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Outside the United States, as
provided in this chapter or as directed by the court in
which the action is pending, or, if the court before or
after service finds that the service is reasonably
calculated to give actual notice, as prescribed by the law
of the place where the person is served or as directed by
the foreign authority in response to a letter rogatory.
These rules are subject to the provisions of the Convention
on the "Service Abroad of Judicial and Extrajudicial
Documents" in Civil or Commercial Matters (Hague Service
Convention).
(Amended by Stats. 1984, Ch. 191, Sec.
1.)
| | | | § 413.20 |
If a summons is served by mail pursuant
to this chapter, the provisions of Section 1013 that extend
the time for exercising a right or doing an act shall not
extend any time specified in this title.
(Added by Stats.
1969, Ch. 1610.) | | |
| § 413.30 | Where no provision is made in this chapter or other
law for the service of summons, the court in which the action
is pending may direct that summons be served in a manner which
is reasonably calculated to give actual notice to the party to
be served and that proof of such service be made as prescribed
by the court.
(Added by Stats. 1969, Ch. 1610.)
| | | | §
413.40 | Any service of summons which
complies with the provisions of this chapter shall not be
rendered invalid or ineffective because it was made by a
person in violation of Chapter 16 (commencing with Section
22350 Bus. & Prof.) of Division 8 of the Business and
Professions Code.
(Added by Stats. 1971, Ch. 1661.) |
| | | §
414.10 | A summons may be served by
any person who is at least 18 years of age and not a party to
the action.
(Added by Stats. 1969, Ch. 1610.) |
| | | §
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.
(Amended by Stats. 1976, Ch. 789.) |
| | | §
415.20 |
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In lieu of personal delivery of
a copy of the summons and of the 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 of the complaint during usual office
hours in his or her office with the person who is apparently
in charge 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 of the complaint were left. Service
of a summons in this manner is deemed complete on the 10th
day after such mailing.
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If a copy of the summons and of
the 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 of the complaint at
such 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 of the complaint were left. Service of a summons in this
manner is deemed complete on the 10th day after the
mailing.
(Amended by Stats. 1989, Ch. 1416, Sec.
15.)
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