Qualifications of Los Angeles Process Server.
In the State of California the law requires that a Los Angeles ct corporation Process Server be at least 18 years of age and not a party to the action. A party to the action is defined as the plaintiff or defendant. A Los Angeles process server, and ct corporation system process server must be a disinterested person and have no legal or financial interest in the lawsuit. After the process server completes the service of process, he or she must swear under penalty of perjury that the service of process was executed in a proper manner, and that the defendant was given proper notice of the proceeding.
County Sheriffs throughout Los Angeles, 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 paper process, such as writs requiring the physical taking of property. For a list of los angeles county sheriff offices that maintain process serving departments refer to appendix.
In Los Angeles County and most other California counties there is an alternative to the Sheriff for your Process Serving needs…
A Ct Corporation Los Angeles Process Server.
As previously stated, California law requires that a ct corporation los angeles process server be over the age of 18 and not a party to the action. If the los angeles county person/process server serves more then ten paper services in one calendar year he or she must register as a los angeles process server. Attorney’s, employees of attorneys, licensed private investigators, sheriffs or governmental employees 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 a los angeles process server at ct corporation. This exemption does not make the person a registered los angeles process server. It only exempts them form having to register as a California process server.
In Los Angeles County a person registers as a los angeles county 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 Los Angeles County -ct corporation- process server registrant must also provide 2 finger print cards for a State and Federal background check to insure that they no felony convictions.
The registered process server statutes give the los angeles ct corp process server authority to serve certain documents such as:
+ Writ of Attachment
+ Writ of Execution
+ Earnings Withholding Order
+ Order of Examination of Judgment Debtor
+ Pre-Judgment claim of right to possession
The Registered Los Angeles CT Corp Process Server also has special legal status in regard to the manner in which he or she conducts himself while making service of the documents.
+ Assault on a los angeles county 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 serving legal papers.
+Process service, locate and stakeout fees are recoverable costs.
California registered Los Angeles process servers at ct corporation system are not limited to when a 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 papers to be served originates in a state that allows process to be served without restrictions. Please note that certain states do not allow service of process, or process serving of legal documents on Sunday.
As stated there is no hard fast rule as to when service of process can be made (other than on Sunday) however, a good Los Angeles process server a ct corporation should use some discretion when serving process late at night or too early in the morning. A rule of thumb that most Los Angeles ct corporation process servers use is not to serve process after 10 pm or before 7:00 am, unless specifically requested by the los angeles county process server’s client to serve the process at a time outside of those hours.
Other states have varying rules for service of process. A professional ct corporation process server should certainly stay informed in that regard to avoid an improper service. Which could cause serious delays to a court case if the process server with ct corporation failed to perform his duty to properly serve legal documents.
Serious problems can arise out of improper service of process. For example when a los angeles process server at ct corp makes an improper service of legal papers or the los angeles process server lies on a proof of service declaration, the court has no jurisdiction over the person served. Usually when an improper service is made it 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 and emotional distress to mention a few.
The professional ct corp los angeles process server is obligated and has a legal duty to know the proper manner for service of process. His registration could be revoked for not adhering to the rules of the court when delivering the documents.
When hiring a Los Angeles County ct corp Process Server, it is important to know whether or not the los angeles process server is qualified to handle your assignment. The following is a list of questions for you to consider it that regard.
A Registered and Bonded Los Angeles Process Server should do your assignment.
1) Is the Process Server a full time Professional Process Server or part time Process Server serving legal papers at ct corp to earn a few extra dollars in his/her spare time?
2) Does the Los Angeles Process Server live and work in the area in which you need a process server? If he lives 50 miles away from your subject’s address, how many times a day or even a week will he try to serve your legal papers? To assist you in determining the distance to and from various Los Angeles County Communities, we have provided a mileage chart. Always make sure that the CT Corp Process Server you hire resides a reasonable distance from where you need the process serving of your documents.
3) Is The Los Angeles Process Server or Process Service Company available 24/7? Do they work nights and weekends? Remember the Sheriff only works early am and some times early evenings…NO weekends! What if your subject is only home on weekends?
4) Does the Los Angeles Process Server at ct corp or Process Service Company provide Skip Tracing in the event the subject’s address is bad or maybe he or she moved, who is going to find the new address for you?
5) How many attempts to serve defendant the legal documents for your service fee?