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Registered Process Servers

 

Business And Professions Code §§ 22350-22360 
22350.  (a) Any natural person who makes more than 10 services of
process within this state during one calendar year, for specific
compensation or in expectation of specific compensation, where such
compensation is directly attributable to the service of process,
shall file and maintain a verified certificate of registration as a
process server with the county clerk of the county in which he or she
resides or has his or her principal place of business.  Any
corporation or partnership that derives or expects to derive
compensation from service of process within this state shall also
file and maintain a verified certificate of registration as a process
server with the county clerk of the county in which the corporation
or partnership has its principal place of business.
   (b) This chapter shall not apply to any of the following:
   (1) Any sheriff, marshal, or government employee who is acting
within the course and scope of his or her employment.
   (2) An attorney or his or her employees.
   (3) Any person who is specially appointed by a court to serve its
process.
   (4) A licensed private investigator or his or her employees.
   (5) A professional photocopier registered under Section 22450, or
an employee thereof, whose only service of process relates to
subpoenas for the production of records, which subpoenas specify that
the records be copied by that registered professional photocopier.
 
 
 
22351.  (a) The certificate of registration of a registrant who is a
natural person shall contain the following:
   (1) The name, age, address, and telephone number of the
registrant.
   (2) A statement, signed by the registrant under penalty of
perjury, that the registrant has not been convicted of a felony; or,
if the registrant has been convicted of a felony, a copy of a
certificate of rehabilitation, expungement, or pardon.
   (3) A statement that the registrant has been a resident of this
state for a period of one year immediately preceding the filing of
the certificate.
   (4) A statement that the registrant will perform his or her duties
as a process server in compliance with the provisions of law
governing the service of process in this state.
   (b) The certificate of registration of a registrant who is a
partnership or corporation shall contain the following:
   (1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
   (2) A statement, signed by the general partners or officers under
penalty of perjury, that the general partners or officers have not
been convicted of a felony.
   (3) A statement that the partnership or corporation has been
organized and existing continuously for a period of one year
immediately preceding the filing of the certificate or a responsible
managing employee, partner, or officer has been previously registered
under this chapter.
   (4) A statement that the partnership or corporation will perform
its duties as a process server in compliance with the provisions of
law governing the service of process in this state.
 
  
 22359.  Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor.
 
 
 22360.  Any proof of service of any process which is signed by a
registrant under this chapter shall indicate the county in which he
or she is registered and the number assigned to him or her by Section
22355.

 

 

 Documents requiring a Registered Process Server

 Some documents may only be served by a registered process server, namely, a writ of attachment, writ of execution, earnings withholding order and a pre-judgment claim of right to possession in an unlawful detainer action (RPSG 4). The law adds summons, subpoenas, and notices to opposition counsel to the list.  There are several documents that do not require a registered process server, however, the judge may find it easier to be leery of those serves.

 

Proof of Service

What is it? The document that Serves R Us provides proving that the other party was formally served. Generally, you only need a proof of service at the beginning of the case to prove the defendant received the complaint and summons according to the rules. This original document gets filed in court.
 

 

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