California State Court Summons or Service of Process

State:
Multi-State
Control #:
US-03186BG
Format:
Word; 
Rich Text
Instant download

Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

In most cases, three attempts will be made, and at different times of the day and on different days. If the process server fails to serve the documents after all attempts are made, the applicant can go to the court and ask permission to deliver the documents by a substitute or alternative service method.

The service of process must be done ing to strict rules or else the case may be dismissed or delayed. The person who serves the tenant must sign court paperwork showing when the tenant was served. This paper is called "Proof of Service."

Proof of Service of Summons (Family Law-Uniform Parentage-Custody and Support) (FL-115) Tells the court that you had your spouse or domestic partner served with the legal papers to start your case. Tells when and where the papers were served, and who served them.

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.

A Proof of Non-Service will be generated if, after being diligent in our efforts, we deem we are unable to serve the defendant at that particular address. When a proof has been generated, and before you sign, you should always review the details to ensure they are accurate.

CA Codes (ccp:415.10-415.95) 415.10. A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery.

Proof of Service of Summons (POS-010) Lists the papers that were served and tells who they were served on, where, when, and how they were served, and who served them.

"Service of court papers" means that the other side must get copies of any paper you file with the court. In ?service? a third person (NOT you) is the one who actually delivers the paperwork to the other side. The person who does this is called the ?server? or ?process server.?

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California State Court Summons or Service of Process