“Personal service” is the most reliable type of service because the court knows for sure that the person being served got the papers and, if necessary, can question the process server about the “service.” Personal service is complete the day the papers are served.The server signs the proof of service and returns it to you to file in court. The server then fills out a proof of service, detailing when, where, and how (in person) the papers were served.The person being served does not have to sign anything. If he or she takes the papers and tears them up or throws them away, service is still considered to be valid. If the party being served does not want to take the papers, they can be left on the ground in front of him or her.The server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.It can be at the party’s home, work, or anywhere on the street. The server gives the papers to the party being served."Personal service" means that someone – NOT a party to the case – must personally deliver the court documents to the other side. Service on someone who lives out of the country.Service by certified mail (for a party who is out of state).Service by certified mail (small claims only).Service by posting on the premises and mailing (for eviction cases only).Service by Notice and Acknowledgement of Receipt.Click for help finding a lawyer.Ĭlick on the type of service to find out more: If you are not sure how you must serve your paperwork, ask your court’s self-help center, family law facilitator or small claims legal advisor, or or talk to a lawyer. If it is not done right, you will not be able to move forward with your case. Service can be complicated and it is VERY important. The individual sections on this Online Self-Help Center will tell you what types of service are allowed in your case. So, for your type of case, only some of these types of service may be allowed. Not all of them are allowed in all cases, or at all stages of a case. The information here about the types of service is general. Fees are often based on how far the server has to travel. Look for a process server who is close to where the other side lives or works. Note: If you hire a process server, give them a photo of the person they have to serve (if you have one) and a list of times and places when it will be easy to find that person. Remember, it is very important that you, if you are the plaintiff/petitioner or defendant/respondent, do NOT serve your own papers. Return the proof of service to you so you can file it with the court.Fill out a proof of service form that tells the court whom they served, when, where, and how and.Serve the paperwork on the other side in the time required.In all cases, the “server” or “process server” MUST: Anyone over 18 who is NOT part of the case.
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The California Code of Civil Procedure.You can read about the specific rules regarding service at: Until the other side has been properly "served," the judge cannot make any permanent orders or judgments. The person who does this is called the “server” or “process server.” In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side. "Service of court papers" means that the other side must get copies of any paper you file with the court. The legal way to give formal notice is to have the other side “served” with a copy of the paperwork that you have filed with the court. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. Important! The information here is general and may not apply to your case.