Service Of Process: Knowing The Basics
Posted January 18, 2018 in Process Service
By Andrew Gowing
Knowing the basics of Service of Process is an essential starting point when looking at getting into the Service of Process field, starting your own Legal Support business, or training new employees to serve papers for your company.
Most legal documents can be served by anyone who is at least 18 years-old and not a party to the action. However, there are exceptions to this basic rule: Writs, ORAPS/OEXS, Pre Judgment Claims, a person that serves over 10 papers per year.
Also, it is important to note that a judge has no authority to issue a bench warrant if served by anyone other than a Sheriff, Registered Process Server or a person specially-appointed by the court.
If you are looking to serve papers for a living, it is essential that you become a Registered Process Server, so that you can serve every paper that comes your way.
The people that are exempt from registration, according to B&P 22350, are the following:
- Private Investigator (or his/her employees)
- Attorney or his/her employees (can only serve their cases)
- A person that serves 10 or less papers per year
- Sheriff, Marshal, or Constable
- Registered Professional Photocopier
Generally, people that are exempt from registration cannot legally serve: Writs, Pre Judgment Claims, or ORAP’s (unless specially appointed by the Court). However, the California Sheriff may serve all documents.
If you are not a Registered Process Server or exempt from registration and you serve over 10 papers per year, you may be guilty of a misdemeanor.
For a more comprehensive understanding of how to serve papers correctly, please check out one of our upcoming CCPS Workshops:
Our next CCPS Workshop will be in San Jose on Saturday, January 27th.
CLICK HERE for all of the details and to register today!
We will be planning at least 5 to 6 more CCPS Workshops throughout the year, with our next one in the works for the spring time in the Southern California area.