Personal service of process is where a registered process server or person serving process personally delivers the proper copy of the summons and/or other legal papers to the appropriate party. Under California Code, a processing server will follow all essential steps to ensure the documents are personally delivered, typically swapping hands at the partys home mailing address. The person authorized to serve the real notice cannot trespass on an individuals residence and must be permitted access to closed places during a proper serving of process. If the server of the process cannot reach such a party, extra steps may be necessary.
A server of process has numerous means of reaching the party to be served. Delivery can be conducted directly, by leaving documentation at specific designated addresses, or by certain kinds of mail. Typically, the server may return later if you are not home at the time of the intended service. Servers may also wait outside your home until you leave or come, or they may attach the paper to your door, so long as the inside material is not visible. There are various less-traditional methods by which documents and summonses may be served if the necessary or proper person cannot be contacted.
There are specific acts that licensed full-service California processing servers are barred from conducting. In attempting personal delivery, the servers may not try to deliver a copy of the summons or any other document by entering a locked structure or place. Furthermore, processing servers cannot leave papers with underage individuals. A copy of the summons cannot be placed with someone under the age of 18, for example, even if that minor knows the party to be served. During such a service, servers unable to locate the individual might leave paperwork for other adult household members at his or her residence. Such an occupier may receive the paper on the defendants behalf.
Litigants must always contact a seasoned California processing server before attempt to reach the person to be offered. In some circumstances, defendants may try to hide behind gates and security staff to evade a summons and complaint. According to the legislation, a summons may be served within a gated community as long as the server produces the necessary identity, registration, and confirmation.
An agency like Countrywide Process, LLC, a licensed full-service California process serving company, can speed up the entire process, ensuring that it is declared complete and helping plaintiffs serve even the most avoidant defendants. If someone require documentation filed and served, peoples case may greatly benefit from the services of a process-serving professional.
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