California Sample Letter for Service of Process on Defendants
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How to fill out Sample Letter For Service Of Process On Defendants?
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FAQ
Have the Sheriff in the courthouse closest to where the Defendant lives or works serve your claim. If the Defendant lives in another County you must contact that County's Sheriff Civil Process Unit to determine what their process is to serve court papers. The Fee is $40.
Section 1013 - Requirements for service by mail (a) In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, ...
(1) Before filing any document, a party must serve, by any method permitted by the Code of Civil Procedure, one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on any other person or entity when required by statute or rule.
Per the California Code of Civil Procedure section 1010.6, when a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically. This means that Electronic Service (E-Service) can be used for any case as long as all parties provide express consent.
You can use a process where the server mails the defendant the papers along with a Notice and Acknowledgment of Receipt (form POS-015). Then, the defendant must sign form POS-015 and mail it back to the server so the server can file it with the completed Proof of Service of Summons.
A person is served by mail five days after the papers are mailed and both the person sending the papers and to person to receive the papers are in California. A person is served by mail ten days after the papers are mailed if either the person mailing or the person receiving the papers is outside California.
If the process server can't find you, the lawyer will go to court and ask for an alternative form of service. They will get it, particularly if there's any indication that you're avoiding service. This will allow them to mail the court papers to you.
While process servers can't enter a locked building without permission, they might leave a legal document attached outside your door if it doesn't show the content. In most cases, a process server will return if you aren't home or wait for you to leave to catch you while walking down the street.
