What is Personal Service?
PERSONAL SERVICE ON AN INDIVIDUAL
Is made when the documents for service are delivered directly to the defendant or witness. It is usually presumed that the process server delivers the documents in hand to the person and that service is made face-to-face. A personal service
may also mean that the documents must be left in the person's presence. It is not necessary to hand the documents directly to the defendant or witness and can be left in a conspicuous place after the process server makes contact with the defendant or witness and is within normal speaking distance, identifies him/herself as a process server and explains the general nature of the documents. One of the commonly misunderstood parts of this process is that many believe that the documents must be placed in the hands of the defendant or witness. If that were the requirements, it would be virtually impossible to serve someone if they wanted to refuse service. (CCP 415.10
PERSONAL SERVICE ON A CORPORATION
Is made only on the person holding a managing or controlling position with the company. The person holding the following office titles are authorized to accept personal service on behalf of a corporation (CCP 416.10
, CCP 416.30
, CCP 416.40
- President or Chief Executive Officer
- Vice President
- Corporate Secretary or Assistant Secretary
- Treasurer, assistant treasurer, or Chief Financial Officer
- General Manager (NOT an office manager or store manager)
- Agent for Service
- Anyone designated by the corporation to receive service of process
If a corporate officer or agent for service cannot be found or served, the corporation may be served through the California Secretary of State pursuant to a court order under Corp. Code 1701
What is Substitute Service?
Substitute Service on an individual can be made If an individual defendant cannot be personally served after required "due diligence" attempts, substituted service may be made. Substituted service is made by leaving a copy of the service documents ...
What if the Defendant is AVOIDING service?
What do you do if the defendant is avoiding service? Unfortunately, a Process Server cannot force someone to open a door and in the State of California there is no consequence for avoiding service. But, do not fear, just because they are avoiding ...
What are the Fees for Service of Process?
Every legal document has it own set of requirements or "Due Diligence" for service. So there is no “One Size Fits All” answer to this question. But to give you an idea on how we determine pricing let me over simplify for the moment. If the document ...
How do I serve a Subpoena for Personal Appearance for a State Court?
The witness must be personally served if the subpoena is to compel personal attendance at a hearing or deposition. Service may not be made by substituted service. If the witness is personally served and does not attend as directed, he or she could be ...
What is considered "Routine Service"?
Routine Service is first attempt is made within 48 hours of the receiving the service documents and payment has been made. Then morning, noon and night attempts are made within 7 days, giving us a 7 day window for service. If your job needs to be ...