How To Avoid Improper Service Of Process In California

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(No Transcript)
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How To Avoid Improper Service Of Process In
California
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1 What is the Service of Process?

• If you do business in California, theres one
  thing you need to know if someone sues you, they
  need to properly serve the complaint. If they
  dont do it right and follow the right steps,
  then the court wont be able to assume
  jurisdiction over you or enforce their judgment
  against you. In this article, well talk about
  what improper service of process is and how to
  avoid it in California.

A process server is someone who delivers legal
documents, But it is important to know that there
are rules about how and when the service of
process can happen. California law requires that
a server must personally deliver the document or
give it to an adult at the recipients home or
workplace. The server cant just leave the papers
on a doorstep or drop them off at a mailbox or
with a neighbour. California also has very
specific time limits for the service of process.
A person cant be served after many years from
their birthday, but they must be served within
many years from the date they were sued.
2 Who Can Serve Process?
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Under both California state law and federal law,
only certain people can serve the process.
Generally, the person who has been named as the
plaintiff is responsible for serving the
defendant. In some cases, a deputy sheriff or
other officer may be able to serve the process on
behalf of the plaintiff. There are some
exceptions to this rule. For example, if youre
using a minor for damages caused by their
negligence, and you cant find out where they
live, service may be accomplished by leaving a
copy with someone who lives at the place where
the minors car was parked when it caused damage.
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3 What are the Different Methods of Service?

• The person who accepts the service must sign an
  affidavit stating that he or she received the
  papers from you and saw your signature on them.

A person can serve the process by the following
methods a) personal service Personal service is
accomplished when the person who has been served
with a document does not have any agent for the
acceptance process. b) substituted service
Substituted service is where an agent accepts the
process on behalf of the person who has been
served. c) constructive service Constructive
service may be accomplished by affixing a copy of
the document to some object found at that place,
leaving it in some conspicuous place there, or
sending it by registered mail to that
address. publication The publication is
accomplished when a notice appears once each week
for four successive weeks in one newspaper
published weekly, owned and circulated in this
state, and having general circulation throughout
this state.
4 What is an Affidavit of Service?
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An Affidavit of Service is a sworn statement from
the person who delivered the legal document. This
statement should include what happened during the
delivery, such as whether or not a signature was
obtained, and where the process server went if no
one was home. The affidavit also needs to state
that they served the process on behalf of a
certain party. A copy of this document must be
filed with the court before the action can
proceed.
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5 What is a Substituted Service of Process?

• If the plaintiff fails to file their Affidavit of
  Service, then they will not be able to enforce
  any judgments made by the court against them
  because the defendant will argue that there was
  improper service of process.

Substituted service is a way for a process
server, who has been denied entry by the resident
or has not been able to find the resident at
home, to leave a copy of legal documents with
someone else. The documents are usually left with
an adult residing at the same residence as the
person being served. Substitute service can be
done by handing over, mailing, faxing, or
emailing a copy. This method may only be used
under limited circumstances and is not an
alternative for personal delivery. For this type
of service to be valid, there must have been
reasonable efforts made to personally serve the
individual. A minimum of two attempts must have
been made (one at their home and one on their
job) that were unsuccessful.
6 What Happens If i am Served Incorrectly?
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If you are served incorrectly, you can file a
motion with the court asking the judge to set
aside the service of process. This is called a
motion to quash. You may also be able to have the
case dismissed entirely. For example, if your
company has been dissolved and there is no longer
an entity that could be sued, or if you cannot
afford a lawyer because you are indigent, then
you can ask for the case against you to be
dismissed. In other words, improper service of
process could result in dismissal or having your
case set aside by filing a motion with the court.
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7 What are the Consequences of not Being Served
Properly?

• There are several consequences for not being
  served properly. First, you may be able to have
  the lawsuit dismissed. Second, you may not be
  able to challenge a default judgment. Third, you
  will most likely be responsible for paying the
  other partys attorneys fees if it is determined
  that the service was improper. Finally, you will
  have a hard time moving forward with your life
  and finances because any judgments made against
  you cannot be enforced until proper service has
  been established.

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Contact Us

• Address 958 Pacific Ave, Long Beach, CA 90813
• Email info_at_onestoplegalcenter.com
• Phone [phone]
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