How do I serve a Prejudgment Claim of Right to Possession?
A Prejudgment Claim of Right to Possession is a Plaintiff (CP10.5
) optional procedure. If Plaintiff requests this procedure, the following must be done. First and foremost, unlike other civil documents that can be served by anyone over the age of eighteen (18), a Prejudgement Claim of Right to Possession can ONLY BE SERVED BY A SHERIFF OR A CALIFORNIA REGISTERED PROCESS SERVER
. You must serve a blank copy of the the Prejudgment Claim of Right to Possession form with every copy of the Summons/Complaint for Unlawful Detainer. In addition to serving the Named Defendants,
the Process Server must inquire at the time of service if there are any other persons over the age of 18 residing on the premises.
- If the occupant tells the Process Server there are other unnamed adult occupants, the Process Server must try to ascertain their names and serve them at that time by personal service if they are present or by leaving a copy for the occupant to give to them. The Process Server must also post and mail a copy for each unnamed occupant that they do not personally serve.
- The Process Server must also give any adult occupant answering the door a copy of the documents on behalf of "ALL OCCUPANTS IN CARE OF THE NAMED TENANT". A copy is for "ALL OTHER OCCUPANTS" is also posted in a conspicuous place and mailed by first class mail after sub-served.
- If the Process Server personally serves other unnamed adult occupants, the Process Server must prepare a proof of service for each person served.
As you can see the Prejudgment Claim for Right of Possession is a complicated process, thus the fee for service
is greater than most services. If the Process Server fails to serve in this above mentioned manner, a litigant savvy tenant can quash service and prolong the eviction process. Another reason why you should not only use a Registered Process Server, but a Certified CALSPro Process Server
. (CCPS) (CCP 415.46
How much does it cost to serve an Unlawful Detainer?
The fee for service of an Unlawful Detainer depends on how many parties end up being served which can end up being a lot if there is a Prejudgment Claim of Right to Possession attached. For Routine service of an Unlawful Detainer is $75 per party ...
How do I serve a Defendant's Claim and ORDER to Go to Small Claims Court?
A Defendant's Claim (SC-120) can be served in 2 ways, Personal Service or Substituted Service. Service must be made Personally on the Plaintiff/Cross-Defendant at least 5 days prior to the court hearing date, or served by Substituted Service and ...
How do I serve an Summons/Complaint for Unlawful Detainer?
An Unlawful Detainer is a lawsuit to evict a tenant, usually for non-payment of rent, but also for the purpose of simply getting rid of a tenant for any reason. The Summons in an Unlawful Detainer action has only five (5) day response time, as ...
How do I serve a Plaintiff's Claim and ORDER to Go to Small Claims Court?
A Plaintiff's Claim (SC-100) can be served in 2 ways; Personal Service or Substituted Service. The manner of service allowed is determined by the Hearing Date set by the court, the County that the Court is in and the County in which the defendant ...
How do I serve a Notice to Pay or Quit?
If a tenant has failed to pay rent due, a landlord must give a tenant a three day notice to pay the rent or quit the premises (move out of the premises) before filing a lawsuit to initiate an eviction. There are several variations to this type of ...