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.
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)