DO I NEED A PROCESS SERVING COMPANY? * Using/Hiring a process serving company is an important step in proceeding with a court case because the company's staff has experience in serving legal documents efficiently and has knowledge regarding legislation surrounding service of process in the county and within the state. WHAT IS SERVICE OF PROCESS? * Service of process is when legal documents (Summonses, Complaints, Subpoenas, Writs, and other documents) are served to the individual/business (through personal or sub-service (on certain documents) to whom the legal document is directed. WHO CAN SERVE DOCUMENTS? * Service of process must be served by an individual who is not a party to the case. In many cases a County Registered Process Server must serve papers. WHAT DOES A PROCESS SERVER DO? * A registered process server serves documents (usually legal documents) to an individual involved in a court case. * Many process servers can also file papers with courts, can retrieve documents, and can do various types of investigations (surveillance, skip trace, people locats, asset searches, etc.). * A process server must serve the documents in accordance with the legislation in the area of service - this can mean handling/serving the documents to an individual personally or by sub-serving someone that lives in the same household or is appartently in charge of the place of business). WHAT HAPPENS AFTER THE DOCUMENTS ARE SERVE? * Once documents are served, the server must provide a proof of service (with a signature - under penalty of perjury) which states the manner in which the papers were served and include the necessary paperwork. * If the documents are sub-served (or in other cases) the server/Swift Attorney Service, will provide a proof of service, diligence, and a proof of mailing. HOW DO REGISTERED PROCESS SERVERS GET AROUND THE NO TRESPASSING RULES? * In California, "Registered Process Servers" are granted "... a limited exemption against trespassing." This allows servers to enter a private property for a reasonable period of time to attempt service of process. CAN PROCESS SERVERS GAIN ACCESS TO GATED COMMUNITIES? * Yes, registered process servers are granted access to gate communities if staffed by a guard or other security personnel, but he or she must use certain protocol (explained in CCP section 415.21). * If a gated community is not staffed by a guard or other security personnel, an access key (provided by the client) can be used in order to enter the community. A server may also be granted access by a property manager, through the intercom system, or simply waiting for someone to enter or exit the building. CAN MINORS (UNDER THE AGE OF 18) BE SERVED? * Yes, minors (between the ages of 12-17) can be served personally, in the presence of his/her parent/guardian/conservator or by serving his/her parent/guardian/ conservator. * Minors (under the age of 12) cannot be served personally; only the minors' parent/guardian/conservator can be served. I HAVE A TEMPORARY RESTRAINING ORDER (TRO) THAT I NEED TO SERVE, DO I NEED TO SERVE THE INDIVIDUAL PERSONALLY? * Yes, a TRO must be served personally. Courts require a TRO to be served 16 court days prior to a hearing, an other date listed in the order, or an order shortening time for service, signed by a judge. I NEED TO SERVE AN INMATE, WHAT IS THE PROCEDURE FOR THIS? * California Penal Code 4013(a) states: A sheriff or jailer upon whom a paper in judicial proceeding, directed to a priosner in his or her custody, is served, shall forthwith deliver it to the prisoner, with a note thereon of the time of its service. for a neglect to do so, he or she is liable to the prisoner for all damages occasioned thereby. * California Penal Code 4013(b) states: Service directed to a person incarcerated within any institution in this state may be served by any person who may lawfully serve process. ** IF YOU HAVE ANY QUESTIONS CONTACT SWIFT ATTORNEY SERVICE **